Allowed¶19

Nibha Devi v. The State of Bihar

Patna HC23 Apr 2026CR. MISC./23683/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed; dowry death FIR; Sections 80 and 3(5) BNS; Ahiyapur P.S. Case No. 758 of 2025; Muzaffarpur; occurrence prima facie in parental home; thrust of allegation not against petitioners implicated as relatives of husband; bail on arrest or surrender within four weeks; bail bond Rs. 10,000 each with two like sureties; conditions under Section 438(2) Cr.P.C/Section 482(2) BNSS; Patna High Court; Chandra Shekhar Jha, J.

What did the court decide?

Anticipatory bail allowed: petitioners to be released on bail in the event of arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur/concerned Court, subject to conditions under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

Nibha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioners, named in the FIR and apprehending arrest in Ahiyapur P.S. Case No. 758 of 2025 registered for offences punishable under Sections 80 and 3(5) of the BNS, are entitled to anticipatory bail.

¶8

Court's answer

Prima facie, the FIR suggests the occurrence took place in the parental home and the thrust of allegation is not prima facie available against the petitioners, who appear implicated only as relatives of the husband of the deceased.

¶16

Ratio / Principle

All above-named petitioners, in the event of their arrest or surrender before the court below within four weeks, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur/concerned Court, subject to the conditions laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

¶19

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (CR. MISC. No.23683 of 2026, decided 23-04-2026, Chandra Shekhar Jha, J.) — Allowed. Petitioners (stated by counsel to be sister-in-law (gotni), her husband, and father-in-law, living separately with clean antecedents) named in FIR in Ahiyapur P.S. Case No. 758 of 2025 (District Muzaffarpur) for offences under Sections 80 and 3(5) of the BNS, alleging death of the informant's married daughter over an additional dowry demand of Rs. 1 Lakh. Court prima facie found from the FIR that the occurrence took place in the parental home and that the thrust of allegation was not prima facie against the petitioners, who appeared implicated only as relatives of the husband of the deceased. All petitioners directed to be released on bail on arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur/concerned Court, subject to conditions under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23683 of 2026

¶2

Arising Out of PS. Case No.-758 Year-2025 Thana- AHIYAPUR District- Muzaffarpur

¶3

====================================================== 1. Nibha Devi W/o Kamlesh Sahni R/o Village - Kumhraul, P.S - Benibad, District - Muzaffarpur 2. Kamlesh Sahni S/o Mahesh Sahni R/o Village - Kumhraul, P.S - Benibad, District - Muzaffarpur 3. Mahesh Sahni S/o Late Mauje Sahni R/o Village - Kumhraul, P.S - Benibad, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Adv For the Opposite Party/s : Mrs. Gulnar Begum, APP ======================================================

¶4

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶5

2 23-04-2026

¶6

Heard the parties.

¶7

The petitioners are named in the F.I.R. and

¶8

apprehending their arrest in connection with Ahiyapur P.S. Case No. 758 of 2025 registered for the offences punishable under Sections 80 and 3(5) of the BNS.

¶9

As per FIR, petitioners were involved in causing death of married daughter of informant due to nonfulfillment of additional demand of dowry as raised for Rs. 1 Lakh.

¶10

It is submitted by learned counsel appearing on behalf of the petitioners that married daughter of informant

¶11

Patna High Court CR. MISC. No.23683 of 2026(2) dt.23-04-2026 2/3

¶12

was living with informant in her parental home. It is pointed out that the dead body was found hanging from a tree near river bank easily accessible by general public, where thrust

¶13

of allegation is available against Golu Kumar and Vicky Kumar, who are relatives of the husband of deceased namely Vikau Kumar. It is submitted that all three petitioners implicated with the present case only being family members of husband of deceased. It is submitted that petitioner no. 1 is sister-in-law (gotni), petitioner no. 2 husband of petitioner no. 1 and petitioner no. 3 is father-in-law, who are living separately and having no connection with the daily and domestic affairs of deceased and her husband. Petitioners claimed clean antecedent.

¶14

Learned APP opposes the prayer of bail.

¶15

In view of aforesaid factual submissions and by

¶16

taking note of fact as prima-facie FIR suggests occurrence took place in parental home, where thrust of allegation is not prima-facie available against petitioners, rather they appears implicated being relative of husband of deceased, accordingly

¶17

all above-named petitioners, in the event of their arrest or

¶18

Patna High Court CR. MISC. No.23683 of 2026(2) dt.23-04-2026 3/3

¶19

surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur/concerned Court, where the case is pending in connection with Ahiyapur P.S. Case No. 758 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

¶20

(Chandra Shekhar Jha, J)

¶21

S.Tripathi/-

¶22

U T

Nibha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nibha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Renu Kumari Vs The State of Bihar

Irfan Ansari @ Md. Irfan Ansari Vs The State of Bihar

Sumant Kumar Vs the state

Ram Bahadur Ray @ Ray Bahadur @ Ray Bahadur Ray Vs The State of Bihar

Wakil Sahani @ Wakil Chaudhary Vs The State of Bihar

Dilkhush Vs The State of Bihar