Patna High Court
Nirmala Devi @ Nirmala KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
2/4
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
Checking your session…