Nirmala Devi @ Nirmala Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80934 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- Chhaudahi District- Begusarai ====================================================== Nirmala Devi @ Nirmala Kumari Wife of Ramashray Paswan Resident of vill -Pansalla,Tola Kirmudih PS -Chhaurahi District -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 80(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and is a government school teacher. It is next submitted that informant alleges that his granddaughter was married to Niranjan in the Year 2022, after one year of marriage, the accused persons including the petitioner started demanding Rs.3 Lacs and a motorcycle on account of non-fulfilment of the dowry demand, the accused persons killed the victim on 29.06.2025 by hanging her and were trying to dispose of the
2/4 dead body when informant reached the place of occurrence with police and dead body was sent for post mortem.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being mother in-law of the deceased. It is next submitted that informant is not an eye witness to the occurrence and the allegation of demand of dowry and torture is general and omnibus in nature. It is further submitted that had the petitioner been demanding dowry and torturing the victim after marriage, in that event, either the victim or the informant would have been instituted a case, but then, that is not the case. It is further submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated with general and omnibus allegation.
It is also submitted that had the petitioner been involved in the occurrence along with other family members, in that event, the efforts would have made to dispose of the dead body with a view to conceal evidence, but then, the dead body was lying in the house and the same was sent for post mortem for ascertaining the cause of death. It is next submitted that post mortem report records the cause of death as asphyxia due to hanging.
3/4 that the victim on account of dispute with her husband committed suicide. It is also submitted that supplementary affidavit has been filed bringing on record the service book of the petitioner to substantiate that she is a government school teacher. It is further submitted that if petitioner is sent to judicial custody in the nature of allegation as alleged, her entire career would get jeopardized. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Chhaurahi P. S. Case No.70 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
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8. The office is directed to locate and keep the supplementary affidavit filed on 13.01.2025 with records.
9. The Court has perused the office copy of the supplementary affidavit provided by the learned counsel for the petitioner.
(Satyavrat Verma, J) vikash/- U T