Kalpana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87002 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- NAUGACHIA MAHILA P.S. DistrictBhagalpur ====================================================== 1.

Kalpana Devi W/O Akhilesh Mandal Resident of the village- Telhari, Dimaha, P.S.- Gopalpur, District- Bhagalpur.

2.

Niraj Kumar Mandal @ Niraj @ Shrawan Kumar Mandal S/O Akhilesh Mandal@Manni Mandal Resident of the village- Telhari, Dimaha, P.S.- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Veena Devi D/O Sadanand Mandal At Present R/at Pakra Tola, P.O.- Bhimdas Tola, P.S.- Gopalpur, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-03-2026 Despite valid service of notice, none appears on behalf of the opposite party no. 2.

2. Heard learned counsel for the petitioners and the State.

3. The petitioners apprehend arrest in a case registered for the offences punishable under Sections 85, 126(2), 115, 82, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3, 4 of the Dowry Prohibition Act.

4. As per prosecution case, marriage of the opposite party no. 2 was solemnized with petitioner no. 2 in the year

Patna High Court CR. MISC. No.87002 of 2025(3) dt.30-03-2026 2/3 2020 and thereafter, all the F.I.R. named accused persons including these petitioners tortured and harassed her due to nonfulfillment of demand of dowry.

5. It is submitted on behalf of petitioners that petitioner no. 1 is mother-in-law and petitioner no. 2 happens to be husband of the opposite party no. 2 and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against them. It is further submitted that petitioner no. 2 is ready to keep the opposite party no. 2, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioners has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioners.

7. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.87002 of 2025(3) dt.30-03-2026 3/3 two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Naughachia in connection with Mahila (Naughachia) P. S. Case No. 47 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Navya/- U T