Patna High Court
Tara DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties, and compliance with the stipulated conditions.
Summary
The petitioner, Tara Devi, was arrested on 31 December 2025 in connection with a murder case (Alamnagar P.S. Case No. 320 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging she participated in the killing of Nitu Kumari over a dowry demand. The prosecution alleged that she, along with other accused persons, killed the victim, while the defence contended that she has a clean antecedent and the FIR contains no specific allegation of assault, overt act, or dowry demand against her. The court examined the nature of the offence, the lack of direct evidence linking the petitioner, and her personal circumstances, including that her son (the husband of the deceased) is already in custody. Considering these factors, the court held that bail could be granted subject to a bond of Rs 10,000, two sureties, and conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of her criminal antecedent and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail can be granted to the petitioner under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 given the nature of the alleged offence and her antecedents
- Whether the FIR specifically implicates the petitioner in the alleged dowry‑related murder
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- murder
- Bharatiya Nyay Sanhita
- criminal antecedent
- section 80(2)
- section 3(5)
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19368 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- ALAMNAGAR District- Madhepura
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Tara Devi Wife of Bisho Sharma @ Bisho Das R/o Village - Farsahi
Mahatama Basa, Ward no. 12, P.S. - Alamnagar, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Dinesh Prasad Verma, learned counsel
for the petitioner as well as Mr. Jagdhar Prasad, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.12.2025 in connection with Alamnagar P.S. Case No.320 of
2025, F.I.R. dated 27.10.2025 for the offences punishable under
Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons killed the sister of
informant, namely, Nitu Kumari due to non-fulfillment of
demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case merely on the basis that she is
Patna High Court CR. MISC. No.19368 of 2026(2) dt.31-03-2026
2/3
mother-in-law of the deceased. Although the petitioner is named
in the FIR but from bare perusal of the FIR it appears that there
is no specific allegation of assault or overt act or demand of
dowry against her rather there is general and omnibus allegation
against all the accused persons including the petitioner.
Informant is not the eye witness of the alleged occurrence and
merely on the basis of suspicion he has falsely implicated the
petitioner in the present case and husband of the deceased, who
happens to be son of the petitioner is in judicial custody and the
petitioner is in custody since 31.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act or demand of dowry against her
and husband of the deceased, who happens to be son of the
petitioner is in judicial custody, 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 the learned C.J.M., Madhepura in connection
with Alamnagar P.S. Case No.320 of 2025, subject to the
following conditions:-
Patna High Court CR. MISC. No.19368 of 2026(2) dt.31-03-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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