Nitu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30408 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Nitu Kumari W/o- Ravi Kumar Roy Moh- Kumhartoli Near Ramsar Chowk Bhagalpur Ps- Kotwali Dist- Bhagalpur 2.
Ravi Kumar S/o- Prahlad Singh R/o- Vidyapeeth Chowk, Lakhisarai PsLakhisarai Dist-Lakhisarai 3.
Soni Devi W/o- Ravi Kumar R/o- Vidyapeeth Chowk, Lakhisarai PsLakhisarai Dist-Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shiv Shankar Sah S/O Late Radhe Singh, R/O Samandih, P.S. Lakisarai, District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP For the O.P. No. 2 :
Mr. Arun Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard the learned Advocate for the petitioners, learned Advocate for the O.P. No. 2 and the learned APP for the State.
2. The petitioners before this Court are married nanad, brother-in-law and sister-in-law apprehending their arrest in connection with Lakhisarai P.S. Case No. 535 of 2024, registered for the offences punishable under Sections 85, 123 and 3(5) of the BNS.
3. Based upon the written report, the prosecution alleges that the marriage of the daughter of the O.P. No. 2 was solemnized with Ranjit Kumar on 18.04.2024. However, soon after the marriage, she was subjected to demand of dowry and
Patna High Court CR. MISC. No.30408 of 2025(3) dt.13-08-2025 2/3 on account of non fulfillment of the same, she was tortured in various ways and also administered poison. The accused persons are bent upon demanding one katha of land and cash of Rs. 10 lakhs.
4. Learned Advocate for the petitioners contended that the petitioners have nothing to do with the day-to-day affairs of the husband and wife and, moreover, they have been residing separately. It is humbly stated that the petitioner no. 1 is residing in Delhi as her husband is posted at Delhi Airport as CISF. So far the petitioner nos. 2 and 3 are concerned, they are elder brother-in-law and sister-in-law of the husband and residing at Lakhisarai. It has further been submitted that the allegation of administration of poison has also not been corroborated by the medical report, the copy of which is placed on record as Annexure-2 to the bail application.
5. On the other hand, learned counsel for the State and the informant opposed the pre-arrest bail application and submits that within six months of the marriage, the present FIR is instituted with the allegation of torture and demand of dowry against all the accused persons, including the petitioners. The petitioners being close relatives, their participation in the crime cannot be ruled out. Further submission has been made that the accused persons, including the petitioners, have also filed Cr.
Patna High Court CR. MISC. No.30408 of 2025(3) dt.13-08-2025 3/3 Misc. No. 11745 of 2025, wherein, notices were issued and further proceeding qua the petitioners of the said case has been stayed.
6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the relationship of the petitioners with the daughter of the O.P. No. 2, coupled with the omnibus nature of allegation and the submission that they have been residing separately, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 535 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) shivank/- U T