Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS 2023.
Summary
The petitioners, who are relatives of the deceased woman, sought anticipatory bail fearing arrest in a murder case linked to a dowry dispute. The prosecution alleged that the informant’s daughter was married to Rohit Kuma, faced cruelty over dowry demands, and was subsequently murdered by the accused. The petitioners argued they had no involvement, contending the accusations were directed at the husband, who was already in custody. The State opposed the bail, but the court, after considering the material on record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS 2023. The order stipulated that bail would be effective if the petitioners surrendered within eight weeks of the order.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS 2023 to the petitioners?
- Whether the petitioners have sufficient nexus to the alleged murder to justify denial of bail?
Legislation cited
- Bihar Negotiable Sale Act — s. 238, 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- dowry death
- murder
- Section 482
- Criminal Procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39609 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Singhaul District- Begusarai
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1. Nitish Kumar Son of Ramnath Mahton Resident of Village- Rachiyahi
Poorvi tol, P.S.- Singhaul, District- Begusarai.
2. Ramnath Mahto Son of Late Moti Mahton Resident of Village- Rachiyahi
Poorvi tol, P.S.- Singhaul, District- Begusarai.
3. Kajal Kumari Wife of Rajendra Mahton Resident of Village- Rachiyahi
Poorvi tol, P.S.- Singhaul, District- Begusarai. At Present Village- Barahpur
Ward No. 11, N.H. 31, Bind Toli Mor, P.S.- Mokama (mor), District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 80 (2), 238
and 3(5) of BNS.
3. As per prosecution case, daughter of informant was
married with co-accused co-accused Rohit Kuma in the year
2023 and after the marriage, she was subjected to cruelty and
harassment by all the accused persons due to non-fulfillment of
demand of dowry and ultimately the accused persons committed
the murder of informant’s daughter.
4. Petitioner no. 1 is devar, petitioner No. 2 is father-in -law
and petitioner no. 3 is married Nanad of the deceased. They are
Patna High Court CR. MISC. No.39609 of 2026(2) dt.23-06-2026
2/2
simply victim of over implications. Allegation is general and
omnibus against these petitioners. Petitioners are separate in
mess and property and have got no concern with deceased and
her husband. It is further submitted that thrust of the accusation
is against husband of the deceased who is already in custody
since 30.03.2026 .
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of petitioners.
6. However, considering the aforesaid facts, materials
available on record and other circumstances of the case, let the
above named petitioners, in the event of arrest/surrender within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Sub-Judge IV cum- A.C.J.M -IV, Begusarai in
connection with Singhaul P.S. Case No. 183 of 2025 subject
to condition as laid down under Section 482 ( 2 ) of BNSS
2023.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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