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Patna High Court

Nitu Devi @ Nitu Singh @ NituversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond and specific conditions.

Summary

The petitioner, Nitu Devi, was arrested on 22 November 2025 in connection with a dowry‑death case (Mahua PS Case No.961/2025) under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023. She contended that she has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge of assault or dowry demand against her. The State opposed her bail, while the co‑accused Sujit Kumar had earlier been granted anticipatory bail by the same court. The Court, noting the petitioner’s clean record and the lack of specific incriminating material, ordered her release on bail of Rs.10,000 with two sureties and imposed conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of her criminal antecedent and stipulated cancellation of bail for non‑compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in a dowry‑death FIR under Sections 80 and 3(5) of the BNS Act, 2023.
  • Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • dowry death
  • anticipatory bail
  • clean antecedent
  • Section 80 BNS Act
  • Section 3(5) BNS Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90987 of 2025
                       Arising Out of PS. Case No.-961 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Nitu Devi @ Nitu Singh @ Nitu W/O Vinod Kumar Singh @ Vinod Singh
                 Resident of Village- Saraiya, P.S.- Sakra, District- Muzaffarpur... Petitioner/s
                                                      Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Raj, Advocate
                 For the Informant        :       Mr. Akshay Tripathi, Advocate
                 For the Opposite Party/s :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                    Heard Mr.Madhav Raj,               learned counsel for the

                   petitioner,      Mr. Akshay Tripathi, learned counsel for the

                   informant and Mr.Ajit Kumar, learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   22.11.2025 in connection with Mahua P.S.Case No.961/2025,

                   F.I.R. dated 21.09.2025 registered for the offence punishable

                   under Sections 80 and 3(5) of BNS, 2023.

                                 3. Allegation against the petitioner is that she

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the daughter

                   of the informant.

                                 4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. She has falsely

                   been implicated in the present case merely on the ground that

                   she is distant relative of the husband of the deceased and from a
Patna High Court CR. MISC. No.90987 of 2025(2) dt.13-01-2026
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          bare perusal of the FIR it appears that although the petitioner is

          named in the FIR but there is no specific allegation of any

          assault, overt-act or demand of dowry attributed against the

          petitioner rather there is general and omnibus allegation against

          all the accused persons including the petitioner and co-accused

          person, namely, Sujit Kumar @ Sujit Singh, who happens to be

          the maternal uncle of the husband of the deceased, has been

          granted privilege of anticipatory bail by this Court vide order

          dated 12.01.2026 passed in Cr. Misc. No.89608 of 2025. The

          police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 22.11.2025.

                       5. Learned counsel for the informant and learned APP

          for the State have opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, she has been made accused in the present case

          merely on the ground that she is distant relative of the husband

          of the deceased and co-accused person, namely, Sujit Kumar @

          Sujit Singh, who happens to be the maternal uncle of the

          husband of the deceased, has been granted privilege of

          anticipatory bail by this Court, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs.10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.90987 of 2025(2) dt.13-01-2026
                                                         3/3




                       satisfaction of learned C.J.M., Vaishali, Hajipur in connection

                       with Mahua P.S.Case No.961/2025, with the 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

                       criminal antecedent, the court below shall take step for

                       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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