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2026 Supreme(Online)(Pat) 3416

PATNA HIGH COURT
PARTHA SARTHY, J
Samtola Devi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.3673 of 2026



Advocates:
For the Petitioner/s: Mr. Bimlesh Kumar Pandey
For the Respondent/s: Ms. Anita Kumari, APP

Grant of anticipatory bail is justified when there are no criminal antecedents and the allegations are contested as false.

Headnote:The petitioner seeks anticipatory bail in connection with Lauriya P.S. Case no. 433 of 2025, registered under various sections of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The petitioner, the mother-in-law of the informant, contends she was falsely implicated and has no criminal antecedent. The court found merit in the argument as the informant and her husband reconciled. The court directed the petitioner to be released on anticipatory bail subject to conditions.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 28-01-2026 1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Lauriya P.S. Case no. 433 of 2025 registered under sections 126(2), 115(2), 89, 85, 352, 79 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 3 and 4 of the Dowry Prohibition Act .

3. As per the prosecution case, the informant was married to the son of the petitioner herein. It is stated that the accused persons tortured the informant for non-fulfillment of demand of dowry by way of Rs.2,00,000/- and a four wheeler vehicle. They threatened that the husband of the informant would be married for the second time. The informant alleges assault by all the accused persons and that the petitioner herein who happens to be her mother-in-law and her sister-in-law (husband’s sister) pushed her out of the house. She was taken to the hospital for treatment. She also aborted and was treated in the hospital.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that she happens to be the mother-in-law of the informant. The allegations levelled against the petitioner are false and concocted. Referring to the order of the learned trial Court, it is submitted that in course of hearing of the bail application, the matter was amicably settled between the husband and the wife/informant and they left together. It is submitted that the petitioner is an old lady having no criminal antecedent. She undertakes to cooperate in the investigation/

trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the contents of the order of the learned trial Court as pointed out by learned counsel for the petitioner together with the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Lauriya P.S. Case no. 433 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bettiah, West Champaran.

(Partha Sarthy, J)

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