Patna High Court
Nirmala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that mere familial relationship does not constitute sufficient ground for continued detention.
Summary
The petitioner, Nirmala Devi, sister‑in‑law of a woman who died allegedly due to dowry demands, applied for regular bail in a case registered under Sections 80 and 3(5) of the BNS. The prosecution alleged that the petitioner was implicated merely because of her familial relationship (gotini) with the deceased, not for any direct involvement in the alleged dowry demand or the death. The petitioner’s counsel argued that she had no role in the day‑to‑day affairs of the couple and that the dowry demand was directed at the husband. The court, noting that the petitioner is a woman and that there is no substantive evidence linking her to the offence, ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was conditioned on her cooperation with the trial and availability as required by the court.
Issues considered
- Whether the petitioner, being a sister‑in‑law (gotini) with no alleged participation, is entitled to regular bail under Sections 80 and 3(5) of the BNS.
Legislation cited
- BNS — s. 3(5), 80
Subjects
- regular bail
- dowry death
- gotini
- women
- Section 80
- Section 3(5)
- BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82565 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
Nirmala Devi W/o Pappu Kumar Pandit R/o Village- Masha, P.S- Gaura, Dist-
Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 20-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 80 and
3(5) of the BNS, registered in connection with Gaura P.S.Case
No. 149/2025.
3. As per allegation, the marriage of the deceased
was solemnized with co-accused Sandesh Kumar Pandit. The
accused persons were demanding dowry. On 31.07.2025 at 7.00
p.m., the deceased informed the informant (her brother) that her
husband was abusing through mobile phone and was demanding
dowry. The following day, according to allegation, she was done
to death by administering poisonous substance.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.82565 of 2025(5) dt.20-02-2026
2/2
submitted that the petitioner is the sister-in-law (gotini) of the
deceased having no concern with day-to-day affairs of the
couple. The specific allegation of demand of dowry is against
the husband and not against this petitioner. The petitioner has
been implicated merely because she is sister-in-law (gotni) of
the deceased. She is in custody since 02.08.2025.
5. Considering the above facts and circumstances and
also considering that the petitioner is a lady, let the petitioner
above-named, be released on bail on furnishing bail bond of Rs.
10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M 1st Class, Saran at Chapra
in connection with Gaura P.S.Case No. 149/2025, subject to the
condition that the petitioner shall cooperate in the disposal of
trial and make herself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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