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Patna High Court

Nibha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.23683 of 2026(2) dt.23-04-2026
                                            2/3




          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
                                                           3/3




                         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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