Patna High Court
Nibha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that there was no prima facie case against the petitioners and consequently granted bail.
Summary
The petitioners Nibha Devi, Kamlesh Sahni and Mahesh Sahni were named in an FIR for alleged involvement in the death of an informant's married daughter, purportedly over a dowry demand of Rs. 1 lakh, under Sections 80 and 3(5) of the BNS. They contended that the deceased was living in her parental home and that the body was found hanging from a tree, with the primary allegations directed at other relatives of the husband. The petitioners argued they were merely sister‑in‑law, husband and father‑in‑law of the deceased’s husband, had no daily domestic contact, and possessed clean antecedents. The State opposed bail, but the Court observed that the FIR did not prima facie implicate the petitioners and that the alleged incident occurred in the parental home. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS. The bail order effectively disposed of the petition.
Issues considered
- Whether the FIR establishes a prima facie case against the petitioners under Sections 80 and 3(5) of the BNS warranting denial of bail.
- Whether the petitioners, as relatives of the husband, can be held liable for the alleged dowry‑related death.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- dowry death
- Section 80 BNS
- Section 3(5) BNS
- prima facie evidence
- Criminal Procedure Code
- relative liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23683 of 2026
Arising Out of PS. Case No.-758 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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1. Nibha Devi W/o Kamlesh Sahni R/o Village - Kumhraul, P.S - Benibad,
District - Muzaffarpur
2. Kamlesh Sahni S/o Mahesh Sahni R/o Village - Kumhraul, P.S - Benibad,
District - Muzaffarpur
3. Mahesh Sahni S/o Late Mauje Sahni R/o Village - Kumhraul, P.S - Benibad,
District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Adv
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ahiyapur P.S.
Case No. 758 of 2025 registered for the offences punishable
under Sections 80 and 3(5) of the BNS.
3. As per FIR, petitioners were involved in causing
death of married daughter of informant due to non-
fulfillment of additional demand of dowry as raised for Rs. 1
Lakh.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that married daughter of informant
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was living with informant in her parental home. It is pointed
out that the dead body was found hanging from a tree near
river bank easily accessible by general public, where thrust
of allegation is available against Golu Kumar and Vicky
Kumar, who are relatives of the husband of deceased namely
Vikau Kumar. It is submitted that all three petitioners
implicated with the present case only being family members
of husband of deceased. It is submitted that petitioner no. 1
is sister-in-law (gotni), petitioner no. 2 husband of petitioner
no. 1 and petitioner no. 3 is father-in-law, who are living
separately and having no connection with the daily and
domestic affairs of deceased and her husband. Petitioners
claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima-facie FIR suggests occurrence
took place in parental home, where thrust of allegation is not
prima-facie available against petitioners, rather they appears
implicated being relative of husband of deceased, accordingly
all above-named petitioners, in the event of their arrest or
Patna High Court CR. MISC. No.23683 of 2026(2) dt.23-04-2026
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surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned CJM, Muzaffarpur/concerned Court, where the case
is pending in connection with Ahiyapur P.S. Case No. 758 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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