Shobha Devi @ Shobha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10160 of 2026 Arising Out of PS. Case No.-46 Year-2024 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.
Shobha Devi @ Shobha W/o Late Anjani Kumar Singh Resident of - 1459/10, A-Block, Near - Eye Hospital, P.O - Ramsagar Mishra, P.S - Gazipur, District - Lucknow, State - Uttar Pradesh, Pin - 226016 2.
Deepika Kumari @ Shaili @ Deepika W/o Vikash Jaiswal Resident of - Savitri Bhawan, Pyarepur, P.O - Khiri, P.S - Lakhimpur Khiri, District - Lakhimpur Khiri, State - Uttar Pradesh, Pin - 262701 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Juhi Kumari W/o Sunni Kumar D/o Shashibhushan @ Ghanshyam Prasad, Resident of - Begampur, Mansurganj, P.O and P.S - Malsalami, Patna City, District - Patna and also R/o - Ward No. 5, English (Near Cold Storage), Purani Bazar, P.O and P.S - Lakhisarai, State - Bihar, Pin - 811311 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Lakhisarai Mahila P.S. Case No. 46 of 2024 registered for the offences under Sections 498(A), 341, 323, 504, 506 and 34 of the I.P.C. and under Section 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, the allegation against the petitioners is that they along with other accused persons have been torturing the informant for the payment of dowry and had even tried to kill her upon which she left the house and
2/4 managed to save herself.
4. The learned counsel for the petitioners submits that the petitioners are mother-in-law and sister-in-law of the informant/O.P. No. 2. He further submits that from mere perusal of the FIR, it would be evident that there is general and omnibus allegations against all the accused persons, including the petitioners. It has next been submitted that the mother-in-law of the informant is completely blind for the last 25 years and therefore, any allegation of torture against her is not tenable while the petitioner no. 2 is married sister-in-law (nanad), though the marriage was solemnized two years after the marriage of the O.P. No. 2 with the brother of petitioner no. 2. It has also been submitted that frivolous allegations of demands of dowry as well as of trying to kill has been levelled only after the husband of the informant had filed the divorce case on 11.03.2024 and after four months, the present FIR was lodged by the informant. It is lastly been submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioners above named be
3/4 released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Lakhisarai Mahila P.S. Case No. 46 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the
4/4 criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the present application stands allowed.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T