Nisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23969 of 2025 Arising Out of PS. Case No.-487 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1.
Nisha Devi W/O - Raj Kumar Singh village- Meghauna, Ps- Alauli, DistKhagaria 2.
Raj Kumar Singh son of Nunu Lal singh village- Meghauna, Ps- Alauli, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shravan Kumar, Sr. Adv Mr. Krishna Kumar Singh, Adv For the Opposite Party/s :
Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025 1.
Heard learned senior counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 80/3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Nitish about 8 years ago and out of wedlock, 3 children were born, further the accused persons used to torture her, next alleges that on 2011-2024, the informant received an information by the villagers that his daughter has been killed, accordingly he went to the
Patna High Court CR. MISC. No.23969 of 2025(2) dt.30-04-2025 2/3 place of occurrence and saw the dead body of his daughter with black mark on neck along with mark of violence. 4.
Learned senior counsel for the petitioners submits that petitioners, being mother-in-law and father-in-law of the deceased, have been falsely implicated in the instant case and from perusal of allegation as alleged in the FIR, it would manifest that the entire allegation hinges around suspicion, further the FIR does not even remotely suggest that as to what was being demanded in dowry for which the victim was being tortured. It is next submitted that the marriage was eight years old and out of the wedlock, three children were born, but in these 8 years of marriage, no FIR or any case came to be instituted either by the informant or by the deceased alleging torture, which further establishes the bona fide of the petitioners.
It is further submitted that had the petitioners been involved in the occurrence, in that event, efforts would have been made to dispose of the dead body with a view to conceal the evidence, but then the dead body was lying in the house. It is also submitted that whenever an occurrence of the nature as alleged takes place, the entire family members are implicated in the mechanical manner. It is submitted that petitioners will not abscond rather will cooperate in the investigation.
Patna High Court CR. MISC. No.23969 of 2025(2) dt.30-04-2025 3/3 submitted that husband of the deceased is in custody. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned senior counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Alauli P.S. Case No. 487 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) SUMIT/- U T