Patna High Court
Namita Devi @ Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103, 123, 303(2), 3(5)
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
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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
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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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