Patna High Court
Nitu Rai @ Nityanand Rai @ Nitu Nityanand Kr. RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions specified under Section 480(3) of the BNSS.
Summary
The petitioner, Nitu Rai, was arrested in connection with a case registered under Sections 498(A) and 304(B) read with Section 34 of the Indian Penal Code, alleging his involvement in the dowry death of his wife. The prosecution alleged that the deceased was subjected to cruelty and financial demands, leading to her death, while the defence argued that the death was a suicide by hanging, supported by the post‑mortem report, and that there were no eyewitnesses. The petitioner had been in custody since 13 March 2025 and claimed a clean antecedent. The State opposed bail, emphasizing the seriousness of the dowry‑death charge. After considering the facts, the period of custody, and the lack of substantive evidence, the court ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to an accused under Sections 498(A) and 304(B) IPC in a dowry‑death case.
- Whether the evidence, including the post‑mortem report, establishes a prima facie case of dowry death.
- Whether the petitioner’s right to bail outweighs the seriousness of the alleged offences.
- Applicability of the conditions prescribed under Section 480(3) of the BNSS to the bail order.
Legislation cited
- Indian Penal Code — s. 304(B), 34, 498(A)
Subjects
- bail
- dowry death
- Section 498A IPC
- Section 304B IPC
- criminal procedure
- presumption of guilt
- post‑mortem report
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84336 of 2025
Arising Out of PS. Case No.-21 Year-2024 Thana- DANDKHORA District- Katihar
======================================================
Nitu Rai @ Nityanand Rai @ Nitu Nityanand Kr. Rai Son of Binod Rai
Resident of Village- Parhara, P.S.- Daudkhora, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Dandkhora P.S. Case No. 21 of 2024 (S.T. No.
328 of 2024) registered for the alleged offences under Sections
498(A), 304(B) r/w 34 of the Indian Penal Code.
03. As per prosecution case, daughter of the informant
died within 7 years of her marriage in her matrimonial home in
suspicious circumstances. The petitioner is the husband of the
deceased and further allegation against the petitioner and other
co-accused persons is that they used to demand money and
motorcycle and for this reason, they used to torture and treat the
daughter of the informant with cruelty.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.84336 of 2025(4) dt.11-02-2026
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petitioner is innocent and has been falsely implicated in this
case. There is no eye witness to the alleged occurrence and only
on suspicion the petitioner and his family members have been
made accused in this case. True fact of the case is that the
deceased has committed suicide and as per postmortem report,
death was caused due to asphyxia as a result of hanging. The
petitioner was not even present in the house as he was outside
the house during the relevant time. Learned counsel further
submits that charges were framed in this case. The petitioner is
in custody since 13.03.2025 and he is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner is the husband and there is specific allegation against
him for causing dowry death of the daughter in law of the
informant.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and framing of charge against
him, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-IX, Katihar/court concerned
Patna High Court CR. MISC. No.84336 of 2025(4) dt.11-02-2026
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in connection with S.T. No. 328 of 2024 arising out of
Dandkhora P.S. Case No. 21 of 2024, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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