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Patna High Court

Nirmala Devi @ Nirmala KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing release on bail with conditions under Section 482(2) of the B.N.S.

Summary

Nirmala Devi, a government school teacher, applied for anticipatory bail after being implicated in a dowry‑related homicide case registered under Sections 80(2) and 3(5) of the B.N.S. The informant, the victim's mother‑in‑law, alleged that the petitioner and other family members demanded dowry and were involved in the victim's death by hanging. The petitioner contended she had a clean record, was falsely implicated, and that the informant was not an eyewitness; she also submitted her service book to prove her employment. The State opposed the bail, arguing the seriousness of the allegations. The Court, after considering the submissions, directed that the petitioner be released on bail with a bond of Rs. 25,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S., and ordered the supplementary affidavit to be kept on record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry‑death case under Sections 80(2) and 3(5) of the B.N.S.
  • Whether the allegations and the informant's testimony constitute sufficient ground to deny bail.
  • Whether the petitioner is likely to abscond, tamper with evidence, or otherwise obstruct the investigation.

Legislation cited

  • B.N.S. — s. 3(5), 482(2), 80(2)

Subjects

  • anticipatory bail
  • dowry death
  • Section 80(2) B.N.S.
  • Section 3(5) B.N.S.
  • Section 482(2) B.N.S.
  • criminal procedure
  • women's rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80934 of 2025
                      Arising Out of PS. Case No.-70 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Nirmala Devi @ Nirmala Kumari Wife of Ramashray Paswan Resident of vill
                 -Pansalla,Tola Kirmudih PS -Chhaurahi District -Begusarai

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s :        Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Sections 80(2) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a woman

                   and is a government school teacher. It is next submitted that

                   informant alleges that his granddaughter was married to

                   Niranjan in the Year 2022, after one year of marriage, the

                   accused persons including the petitioner started demanding Rs.3

                   Lacs and a motorcycle on account of non-fulfilment of the

                   dowry demand, the accused persons killed the victim on

                   29.06.2025 by hanging her and were trying to dispose of the
Patna High Court CR. MISC. No.80934 of 2025(3) dt.15-01-2026
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          dead body when informant reached the place of occurrence with

          police and dead body was sent for post mortem.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant being mother in-law of the deceased. It is next

          submitted that informant is not an eye witness to the occurrence

          and the allegation of demand of dowry and torture is general

          and omnibus in nature. It is further submitted that had the

          petitioner been demanding dowry and torturing the victim after

          marriage, in that event, either the victim or the informant would

          have been instituted a case, but then, that is not the case. It is

          further submitted that whenever any dispute arises in between

          the husband and the wife and the occurrence of the nature as

          alleged takes place, the entire family members are implicated

          with general and omnibus allegation. It is also submitted that

          had the petitioner been involved in the occurrence along with

          other family members, in that event, the efforts would have

          made to dispose of the dead body with a view to conceal

          evidence, but then, the dead body was lying in the house and the

          same was sent for post mortem for ascertaining the cause of

          death. It is next submitted that post mortem report records the

          cause of death as asphyxia due to hanging. It is next submitted
Patna High Court CR. MISC. No.80934 of 2025(3) dt.15-01-2026
                                            3/4




          that the victim on account of dispute with her husband

          committed suicide. It is also submitted that supplementary

          affidavit has been filed bringing on record the service book of

          the petitioner to substantiate that she is a government school

          teacher. It is further submitted that if petitioner is sent to judicial

          custody in the nature of allegation as alleged, her entire career

          would get jeopardized. It is also submitted that petitioner will

          not abscond rather will cooperate in the investigation to prove

          her innocence.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of her arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on her furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees

          Twenty Five Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/successor Court in connection with Chhaurahi P. S.

          Case No.70 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.80934 of 2025(3) dt.15-01-2026
                                                           4/4




                                       8. The office is directed to locate and keep the

                         supplementary affidavit filed on 13.01.2025 with records.

                                       9. The Court has perused the office copy of the

                         supplementary affidavit provided by the learned counsel for the

                         petitioner.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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