Moti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19967 of 2026 Arising Out of PS. Case No.-185 Year-2025 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Moti Sah S/o Late Bhagelu Sah R/o Village- Chuhari, P.S.- Chanpatiya, Dist.- West champaran 2.

Dhurpati Devi @ Dhurupati Devi @ Dhruvpato Devi W/o Moti Shah R/o Village- Chuhari, P.S.- Chanpatiya, Dist.- West champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP For the Informant/s :

Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 08-04-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Chanpatiya P.S. Case No. 185 of 2025 dated 05.09.2025 registered for the offences punishable under Sections 126(2), 115(2), 85, 69, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the marriage of the informant was performed with co-accused Manish Kumar in the year 2023, thereafter Manish Kumar died. It is alleged that mother and father of Manish Kumar always used to tease her

Patna High Court CR. MISC. No.19967 of 2026(2) dt.08-04-2026 2/3 husband, as a result of which he committed suicide. Thereafter, the parents of Manish Kumar used to torture the informant and was threatening that if any case is lodged all of them would be in trouble and were putting pressure and they assured to get her marriage performed with her brother-in-law Amrit Raj Anand, her brother-in-law also established physical relationship, thereafter a daughter was born on 30.06.2025. Since several months, the child was with her father-in-law and mother-in-law and thereafter the behaviour of the brother-in-law became evasive and she is not aware that where her mother-in-law and father-in-law has kept her child and the father-in-law and mother-in-law has started saying that the child is theirs and unless she gives dowry she would be ousted from the house. The mother-in-law of the informant has even gone to the extent of saying the informant as a witch.

4. Learned counsel for the petitioners has submitted that petitioners happens to be uncle-in-law and aunt-in-law of the informant and there is absolutely no allegation against the petitioners. Moreover, it has been submitted, at the bar, that father-in-law and mother-in-law of the informant have been granted the privilege of anticipatory bail by the Co-ordinate Bench of this Court by order dated 07.04.2026 passed in Cr.

Patna High Court CR. MISC. No.19967 of 2026(2) dt.08-04-2026 3/3 Misc. No. 16722 of 2026. It has further been submitted that petitioners have got no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 185 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Praveen Kumar, J) shivam/- U T