Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioner with conditions.
Summary
Rekha Devi sought anticipatory bail after an FIR (Naokothi PS Case No.143 of 2025) alleged that she, along with co‑accused, tortured and killed the daughter of an informant while demanding dowry. The petitioner contended that the allegations were fabricated, she had a clean antecedent, and the FIR was lodged after the post‑mortem, indicating malice. The State opposed the bail, arguing the seriousness of the offences under Sections 61(2), 103 and 3(5) of the Bihar Narcotic Substances Act, 2023. The Court noted the absence of any specific allegation of an overt act or dowry demand against the petitioner in the FIR and considered her clean record. Consequently, the Court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations of dowry‑related murder.
- Whether the FIR contains sufficient specific allegations against the petitioner to deny bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5), 482(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- false FIR
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- dowry harassment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89123 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Rekha Devi W/o Ranvir Singh R/o vill - Chak-Muzaffar, P.S.- Naokothi,
Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr.Shubhesh Pandey, learned counsel for the
petitioner and Mr.Pawan Kumar Chaurasia, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Naokothi P.S. Case No.143 of 2025, dated
02.07.2025 registered for the offences punishable under
Sections 61(2),103,3(5) of BNS, 2023.
3. As per FIR, allegation against the petitioner is that
he alongwith other co-accused persons started torturing the
daughter of the informant and demanded Rs. Two Lacs as
dowry. It is further alleged that on 29.06.2025, all the accused
persons including the petitioner has killed the daughter of the
informant.
Patna High Court CR. MISC. No.89123 of 2025(2) dt.12-01-2026
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4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR and she has
been made accused in the present case merely on the ground
that she is mother-in-law of the deceased. Learned counsel for
the petitioner further submits that the date of occurrence as
alleged in the FIR is 29.06.2025 and the postmortem was
conducted on 30.06.2025 but the present FIR has been instituted
after the postmortem i.e. on 02.07.2025 which suggests that the
present FIR has been instituted afterthought only to falsely
implicated the petitioner and her family members and son of the
petitioner, who happens to be the husband of the deceased, is in
custody since 07.09.2025 and there is no specific allegation of
any assault, overt-act or demand of dowry attributed against the
petitioner in the FIR.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is no specific allegation of any assault, overt-
act or demand of dowry attributed against the petitioner in the
FIR and son of the petitioner, who happens to be the husband
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of the deceased, is in custody since 07.09.2025, let the
petitioner, above named, in the event of her arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, 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 learned J.M.F.C.,
Begusarai in connection with Naokothi P.S. Case No.143 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of
BNSS,2023 and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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