Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, in the absence of specific incriminating material and given the petitioners’ clean record, anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, subject to bail bond and surety conditions.
Summary
The petitioners, Nitish Kumar and Rankal Kumari, sought anticipatory bail fearing arrest in a dowry death case (Hilsa P.S. Case No. 320 of 2025) where they were alleged to have tortured and killed the deceased for non‑fulfilment of dowry demands under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged their involvement, while the petitioners contended they were falsely implicated, had no specific incriminating acts attributed to them, and possessed no criminal antecedent. The State opposed the bail. The Court examined the lack of specific evidence and the petitioners’ clean record, and, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties each, subject to the usual conditions. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita in the present dowry death case.
- Whether the allegations and material on record constitute sufficient grounds to deny anticipatory bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- dowry death
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88754 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- HILSA District- Nalanda
======================================================
1. Nitish Kumar Son of Deena Prasad @ Dinesh Prasad Resident of Village
-Ward no. 3, Devi Mandir, Gulni PO and PS- Hilsa Dist- Nalanda Bihar
2. Rankal Kumari Wife of Nitish Kumar Resident of Village -Ward no. 3, Devi
Mandir, Gulni PO and PS- Hilsa Dist- Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Vardhan, Advocate
Mr. Harsh Kaushal, Advocate
Ms. Annapurna Sinha, Advocate
Mr. Kuldeep Thakur, Advocate
Mr. Abhishek Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh-I, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend arrest in connection with
Hilsa P.S. Case No. 320 of 2025 instituted for the offences under
Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 3 /4 of the D.P. Act.
3. Prosecution case, in short, is that the petitioners
alongwith the family members tortured and killed the deceased
Patna High Court CR. MISC. No.88754 of 2025(2) dt.15-01-2026
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for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submitted that
the petitioners has falsely been implicated in the present case.
Petitioner no.1 is the brother-in-law and petitioner no. 2 is
gotani of the deceased. Learned counsel for the petitioners
submitted that general and omnibus allegations have been made
against the petitioners. No specific overt act is alleged against
the petitioners. Learned counsel further submitted that
petitioners are separate in mess and business and has got no
concern in the family affairs of the deceased and her husband.
Husband of the deceased is already in custody. It has been
submitted on behalf of the petitioners that the petitioners have
no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners, above named, in the event of
arrest/surrender before the Court below within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hilsa P.S. Case No.
Patna High Court CR. MISC. No.88754 of 2025(2) dt.15-01-2026
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320 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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