Patna High Court
Nirmala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Nirmala Devi, the sister-in-law of the deceased, was arrested in connection with a murder case (Sections 80, 283, 3(5) of the BNS) and has been in custody since September 23, 2025. The prosecution alleges she participated in killing the deceased along with other accused. Her counsel argued that she is innocent, that the allegations are general, and that other co‑accused have already been granted bail. The High Court considered the bail application, noting the lack of specific evidence against her, and ordered her release on bail with a bond of Rs.10,000 and two sureties of the same amount. The court clarified that its order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner in the murder case under Sections 80, 283, 3(5) of the BNS.
Legislation cited
- BNS — s. 283, 3(5), 80
Subjects
- bail
- criminal procedure
- murder
- surety
- Bihar
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.819 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- Gokhulpur District- Nalanda
======================================================
Nirmala Devi W/o Santu Yadav R/o Village- Shahpur, PS- Gokhulpur, Distt-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwanath Prasad
For the Opposite Party/s : Mr.Rajesh Kumar
For the Informant : Mr. Pramod Kumar Sinha.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Sessions Trial No. 965 of 2025 arising out of Gokhulpur P.S.
Case No. 46 of 2025 registered for the offence under Sections
80, 283, 3(5) of the BNS.
3. As per the prosecution case, the petitioner, who
is the sister-in-law/Gotni of the deceased is alleged to have
killed the deceased along with other accused.
4. The petitioner is in custody since 2309.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that there is general and omnibus
allegation against the petitioner and other co-accused including
Patna High Court CR. MISC. No.819 of 2026(3) dt.16-04-2026
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the mother-in-law and father-in-law of the deceased have
already been granted bail.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with S.Tr. No.
965 of 2025 arising out of Gokhulpur P.S. Case No. 46 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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