Patna High Court
Nitu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Nitu Kumari, feared arrest in a case originally registered under IPC sections 304B (dowry death) and 201/34 (causing disappearance of evidence). She contended that she was not a victim of homicide but had voluntarily eloped with Sunil Kumar, who was subsequently arrested along with her. The trial court refused to remand them in judicial custody and released them on a personal bond, but cognizance of the case was taken, prompting the petitioner to seek anticipatory bail under Section 438(2) of the CrPC. The State opposed the bail. Considering her clean antecedents, the circumstances of the alleged offence, and the lack of necessity for custody, the court granted anticipatory bail, subject to a cash bond of Rs.10,000 and two sureties, and stipulated conditions under Section 438(2). The order directs that the bail be effected if she is arrested or surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in a case involving alleged offences under IPC sections 304B, 201, 34, 420 and 120B.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 201, 304B, 34, 420
Subjects
- anticipatory bail
- IPC 304B
- dowry death
- CrPC Section 438
- bail conditions
- elopement
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72651 of 2025
Arising Out of PS. Case No.-145 Year-2021 Thana- BALIGAON District- Vaishali
======================================================
Nitu Kumari W/O Abhdesh Kumar @ Awdhesh Kumar, D/O- Kishun Singh
R/O Village - Turki, P.S.- Kurhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manohar Prasad Singh
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 304(B) and
201/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
the informant alleges that his daughter was killed by her brother-
in-law. It is further submitted that during course of investigation, it
transpired that the victim (petitioner herein) was not killed rather
she on her own volition eloped with Sunil Kumar @ Sonu Kumar,
who is brother of the Bhabhi of the victim i.e. petitioner herein. It
is next submitted that it has been specifically pleaded at Para- 12
of the anticipatory bail application that police arrested Sunil
Kumar @ Sonu Kumar and the petitioner from the house of the
informant and on 30.12.2021 Sunil Kumar @ Sonu Kumar along
with petitioner were produced before the learned Judicial
Patna High Court CR. MISC. No.72651 of 2025(2) dt.11-02-2026
2/2
Magistrate, 1st Class, Hajipur and a prayer was made for
remanding them into judicial custody in view of the changed
allegation for offences under Sections 420 and 120(B) and 34 of
the Indian Penal Code but then the learned trial court refused to
remand the petitioner and Sunil in judicial custody, as such, the
police released the petitioner and the victim on PR bond. It is also
submitted that since cognizance has been taken as such the
petitioner apprehends arrest.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/Successor Court in connection with Baligaon
P.S. Case No. 145 of 2021, subject to the conditions as laid down
under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
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