Patna High Court
Nitu Devi @ Nitu Singh @ NituversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 80
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
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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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