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Patna High Court

Namita Devi @ Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Namita Devi, the mother‑in‑law of a deceased woman, was charged under Sections 123, 103, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita for alleged dowry harassment and murder. She applied for regular bail, asserting that she was falsely implicated, has a clean antecedent, and has been in custody since 1 August 2025. The State opposed the bail, citing the seriousness of the offences. The court considered the nature of the accusation, the petitioner’s clean record and the period of custody, and decided to grant bail. She was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita for offences of dowry harassment and murder

Legislation cited

Subjects

  • dowry death
  • regular bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3377 of 2026
                     Arising Out of PS. Case No.-38 Year-2025 Thana- BALRAMPUR District- Katihar
                 ======================================================
                 Namita Devi @ Anita Devi Wife of Late Deben Das @ Deven Das R/O
                 Village- Sona Tola, P. S- Balrampur, District- Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Prasad Sah, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Balrampur P. S. Case No. 38 of 2025 in a case registered for the

                   offences punishable under Sections 123, 103, 303(2), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, daughter of the informant

                   was tortured and harassed by this petitioner and other accused

                   persons due to non-fulfillment of demand of dowry and

                   subsequently, she was killed by the accused persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case merely because she is mother-in-law of the deceased.

                   Thrust of accusation is against husband of the deceased who has
              Patna High Court CR. MISC. No.3377 of 2026(2) dt.13-02-2026
                                                          2/2




                        already been granted regular bail by this court vide order dated

                        12.11.2025 passed in Cr. Misc. No. 68907 of 2025. Petitioner

                        claims clean antecedent and is in custody since 01.08.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to 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 District & Additional Sessions Judge-V, Katihar in

                        connection with Balrampur P. S. Case No. 38 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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