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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.89123 of 2025(2) dt.12-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.89123 of 2025(2) dt.12-01-2026
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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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