Patna High Court
Nitish Ram @ Nitesh RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nitish Ram, sought regular bail in a case registered under Sections 80 and 3(5) of the BNS for the alleged murder of his wife, Rubi Devi, following a dowry dispute. The prosecution alleged that the in‑laws killed the deceased and that the body was hung from a ceiling fan to conceal evidence. The petitioner’s counsel argued that the post‑mortem report showed ligature marks consistent with suicide by hanging and that there were no ante‑mortem injuries, contending that the case was therefore a suicide and that the petitioner had no prior criminal record and had been in custody since 16‑06‑2025. The State opposed bail, emphasizing the petitioner’s role as husband and the seriousness of the allegations. After considering the evidence and circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing release pending further trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 80 and 3(5) of the BNS for the alleged murder of his wife.
- Whether the post‑mortem findings indicating ligature marks support a conclusion of suicide rather than homicide.
- Whether the petitioner’s lack of criminal antecedents and period of pre‑trial detention justify bail.
Legislation cited
- BNS — s. 3(5), 80
Subjects
- bail
- murder
- dowry death
- suicide
- Section 80 BNS
- Section 3(5) BNS
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90027 of 2025
Arising Out of PS. Case No.-360 Year-2024 Thana- CHIRAIYA District- East Champaran
======================================================
Nitish Ram @ Nitesh Ram S/O Ramsevak Ram Resident of village- Semra
Sagardina, P.S- Chiraiya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 80 & 3(5)
of the BNS.
3. The case of the prosecution, in short, is that one
Rubi Devi (deceased) was married to the petitioner three years
ago. It is further alleged that she was subjected to cruelty on
account of non-fulfillment of dowry demand of motorcycle. The
informant made many attempts to conciliate the matter but in
vein. On 11.09.2024, the informant received a call that his
daughter has died. The police has also reached there and it is
alleged that for concealing the evidence, the dead body of the
deceased was hung on ceiling fan. It is further alleged that all
Patna High Court CR. MISC. No.90027 of 2025(3) dt.18-02-2026
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the in-laws have committed the murder of the deceased.
4. Learned counsel for the petitioner submits that
from perusal of the FIR it is clear that there is allegation that all
the in-laws have killed the deceased but from perusal of the
post-mortem report it will transpire that the Doctor conducting
autopsy of the deceased has found ligature mark high up,
oblique extending from right angle of mandible to just below
postauricular line of the neck measuring of size approx 8” x 1”
and has also opined that the cause of death is Asphyxia due to
hanging. No other ante-mortem injury was found on the person
of the deceased. Learned counsel for the petitioner submits that
this goes to show that it is a case of suicide. Learned counsel for
the petitioner has further submitted that the petitioner is having
no criminal antecedent and he is languishing in judicial custody
since 16.06.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that the
petitioner is the husband and main thrust of allegation is against
the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.90027 of 2025(3) dt.18-02-2026
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petitioner is directed to be released on bail in connection with
Chiraiya P.S. Case No. 360 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 8th Additional Sessions Judge,
Motihari, East Champaran.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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