Patna High Court
Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, directing release on a bail bond with sureties and conditions.
Summary
The petitioner, Nilam Devi, mother‑in‑law of the deceased, was named in an FIR for alleged involvement in the dowry‑related death of the informant's daughter under Sections 80(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The husband of the deceased had earlier been acquitted, with the informant retracting any claim of a dowry demand. The petitioner sought anticipatory bail, arguing she lived separately, had no domestic involvement, and possessed a clean antecedent. The State contended that the husband's acquittal did not affect the petitioner's bail application. The Court, considering the lack of concrete evidence of dowry demand and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging dowry‑related homicide.
- Whether the acquittal of the deceased’s husband and the informant’s denial of dowry demand affect the bail application.
- Whether the provisions of Section 438 Cr.P.C. and Section 482 B.N.S.S. are applicable in this case.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- dowry death
- anticipatory bail
- clean antecedent
- Section 80
- Section 3
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- FIR
- acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40123 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Nilam Devi Wife of Radhe Mukhiya Resident of Village- Koniya, P.S.-
Kusheshwar Sthan, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kanchan Jha, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Kusheshwar Asthan
P.S. Case No. 167 of 2025 registered for the offences punishable
under Sections 80(2), 3(5) of the Bhartiya Nyay Sanhita, 2023
(in short, the ‘B.N.S.’).
3. As per FIR, petitioner alleged to cause death of the
daughter of the informant alongwith other co-accused persons
including family members due to non-fulfillment of demand of
dowry as raised for a cash of Rs. Two Lakhs and one
Refrigerator.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner is the mother-in-law, who is living
Patna High Court CR. MISC. No.40123 of 2026(2) dt.22-06-2026
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separately in the same house having otherwise no connection
with daily and domestic affairs with the deceased and her
husband.
5. It is submitted that the husband of the deceased has
already been acquitted by the learned Trial Court through S.Tr.
No. 651/2025 (New R. No. 1124/2025) as passed by the court of
learned District and Additional Sessions Judge, Biraul,
Darbhanga dated 23.02.2026, where during trial, the informant
completely negate allegation of any dowry demand.
6. It is submitted that allegation of dowry demand is
also appearing very much general and omnibus against the
petitioner who is a lady of clean antecedent.
7. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, submitted that
acquittal of husband is of no bearing over the anticipatory bail
of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the fact as the petitioner is the mother-in-law,
who claimed to live separately with the deceased and her
husband, accordingly, above-named petitioner, who is the lady
of clean antecedent, in the event of her arrest/surrender within a
period of four weeks from this order, is directed to be enlarged
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on bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Biraul, Darbhanga/concerned
court in connection with Kusheshwar Asthan P.S. Case No. 167
of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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