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Patna High Court

Nitijay Kumar @ Nitjay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to a bond and sureties, under the conditions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, three brothers, sought bail fearing arrest in a case registered under sections 103(1), 238 and 3/5 of the Bharatiya Nyaya Sanhita, 2023, relating to the alleged dowry‑related murder of their sister‑in‑law. The informant’s sister had been married to Ranjay Kumar and was later killed, with the body secretly cremated. The petitioners contended they were falsely implicated, arguing that the allegations were general, directed mainly at the husband who is already in custody, and that no specific overt act was ascribed to them. The State opposed the bail application. The High Court, after considering the circumstances, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the allegations against the petitioners constitute sufficient ground to deny bail.
  • Whether section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to grant bail in this circumstance.

Legislation cited

Subjects

  • bail
  • dowry death
  • harassment
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68679 of 2025
                       Arising Out of PS. Case No.-253 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
           1.     Nitijay Kumar @ Nitjay Yadav S/O Mithlesh Yadav R/O village- Kabirpur,
                  P.S.- Belaganj, District- Gaya
           2.    Jaylal Kumar @ Jaylal Yadav S/O Mithlesh Yadav R/O village- Kabirpur,
                 P.S.- Belaganj, District- Gaya
           3.     Dhananjay Kumar @ Dhananjay Yadav S/O Mithlesh Yadav R/O village-
                  Kabirpur, P.S.- Belaganj, District- Gaya
                                                                       ... ... Petitioners
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinod Kumar, Advocate
                 For the Opposite Party/s :       Rita Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   02-02-2026              Heard learned counsel for the parties.

                            2. Petitioners apprehend arrest in a case registered for the

                    offence punishable under sections 103(1), 238 and 3/5 of the

                    Bharatiya Nyaya Sanhita, 2023.

                            3. Informant’s sister was married with one Ranjay Kumar

                    8 years back. After sometime, petitioners and their family

                    members started subjecting the victim to cruelty and

                    harassment for non-fulfilment of demand of dowry. Later on,

                    informant’s sister was killed by these petitioners and other

                    family members and secretly cremated the dead body.

                            4. Learned counsel for the petitioners submits that the

                    petitioners are innocent and have falsely been implicated in this
               Patna High Court CR. MISC. No.68679 of 2025(6) dt.02-02-2026
                                                           2/2




                          case. Petitioners are in-laws of the deceased. There is general

                          and omnibus allegation against these petitioners and no specific

                          overt act has been alleged against them. They are separate in

                          mess and business. Thrust of allegation is against the husband

                          of the deceased who is in custody.

                                    5. Learned counsel for the State opposes the prayer for

                          bail.

                                      6. Considering the aforesaid facts and circumstances

                         of the case, in the event of arrest or surrender within six weeks

                         from today, let both the petitioners, as named above, be enlarged

                         on bail on furnishing bail bond of Rs.10,000/-(ten thousand)

                         each with two sureties of the like amount each to the satisfaction

                         of the Chief Judicial Magistrate, Gaya in Belaganj Police

                         Station Case No. 253/2025, subject to the conditions laid down

                         under section 482 of the Bharatiya Nagarik Suraksha Sanhita,

                         2023.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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