Nitu Devi @ Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19794 of 2026 Arising Out of PS. Case No.-167 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Nitu Devi @ Nitu Kumari W/O Late Ram Pravesh Yadav R/O Village- Sibu Tol, P.S- Bachhwara, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-05-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case no. 167 of 2020 registered under sections 302, 201, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his brother's wife i.e. the petitioner herein had an illicit relationship with one another person and the same being objected to by the informant's brother, he was murdered by his wife (petitioner herein) and the other members of her family.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 3.9.2025 passed in Cr. Misc. no.44730 of 2025. A perusal of the said order and the material on record would show that it is a case of

Patna High Court CR. MISC. No.19794 of 2026(3) dt.07-05-2026 2/3 circumstantial evidence against the petitioner. The allegation of the petitioner having an illicit affair with a stranger is false and incorrect. There is no eyewitness to the occurrence and the petitioner is in custody since 9.4.2025. She undertakes to cooperate in the investigation/trial.

5. A report was called for from the learned trial Court. As per report received contained in letter dated 9.4.2026, charges were framed in the learned trial Court on 16.12.2025 and one witness has been examined on behalf of the prosecution. There are seven more chargesheet witnesses against whom summons and bailable warrants have been issued, however they are not appearing.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR together with the petitioner having remained in custody since 9.4.2025, the Court directs the petitioner to be enlarged on bail in connection with Bachhwara P.S. Case no. 167 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions JudgeIII, Begusarai on the following conditions:

Patna High Court CR. MISC. No.19794 of 2026(3) dt.07-05-2026 3/3 (i) The petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial. (ii) In case the petitioner is absent on any single date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial. (Partha Sarthy, J) sauravkrsinha/- U T