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Patna High Court

Tara DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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