Patna High Court
Nilima Kumari @ Nilam Pathak @ Neelam Kumari PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail as the overt act of murder is solely attributed to the co‑accused and there is no material evidence of her participation.
Summary
The petitioner, Nilima Kumari, was arrested in connection with a double murder case (Ghogha PS Case No. 114 of 2025) under sections 126(2), 115(2), 109, 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that she was falsely implicated because the alleged overt act of stabbing the victims was committed by her husband, Awadh Bihari Pathak, and that the dispute was purely familial. The petitioner had been in custody since 6 September 2025 and had no prior criminal record. The State and the informant opposed bail, alleging her active participation in the murders. After hearing both sides, the court noted the lack of any overt act attributed to the petitioner, the prolonged pre‑trial detention, and the filing of the charge‑sheet, and consequently ordered that she be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether a person named as an accused in a double murder case under the Bharatiya Nyaya Sanhita can be granted regular bail when the alleged overt act is attributed solely to another co‑accused.
- Whether the petitioner’s prolonged pre‑trial custody and lack of prior criminal record justify bail despite the seriousness of the charges.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5)
Subjects
- regular bail
- double murder
- false implication
- family dispute
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.455 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Nilima Kumari @ Nilam Pathak @ Neelam Kumari Pathak W/O Shri Awadh
Bihari Pathak Resident of village -Olapur P.S-Ghogha, District- Bhagalpur
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bambam Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Madan Mohan, Advocate
Mr. Saurabh Suman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ghogha P.S. Case no.
114 of 2025 registered under sections 126(2), 115(2), 109,
118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that as a result of dispute between the parties including her
bhabhi Nilam Pathak who is the petitioner herein as also her
brother Awadh Bihari Pathak who happens to be the husband of
the petitioner, it is stated that Awadh Bihari Pathak assaulted
Nirajkant Pathak and Haridwarika Prasad Pathak with a knife in
their stomach and back leading to their death.
Patna High Court CR. MISC. No.455 of 2026(4) dt.01-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of family
dispute between the parties which would be evident from the
contents of the FIR itself. The allegation of overt act is on the co-
accused Awadh Bihari Pathak and not the petitioner herein who
happens to be a lady and has been falsely implicated only for the
reason of her being the wife of Awadh Bihari Pathak. The petitioner
is in custody since 6.9.2025 and has no criminal antecedent.
Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner is a named
accused in a case of double murder wherein she is said to have
actively participated otherwise the occurrence could not have
been possible.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the allegation of overt act of having assaulted the two
deceased being solely against Awadh Bihari Pathak and not the
petitioner herein who happens to be a lady together with her
having remained in custody for over six months since 6.9.2025
and chargesheet having been submitted in the case, the Court
Patna High Court CR. MISC. No.455 of 2026(4) dt.01-04-2026
3/3
directs the petitioner to be enlarged on bail in connection with
Ghogha P.S. Case no. 114 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-II, Bhagalpur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…