Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2527 of 2025 Arising Out of PS. Case No.-1125 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.
Lalita Devi W/o Late Umakant Singh R/o vill - Nurdichak, P.S. - Kashichak, Distt.- Nawada 2.
Rebi Kumari W/o Sri Rakesh Raushan R/o vill - Nurdichak, P.S. - Kashichak, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners who apprehend arrest in connection with Nawada Town P.S. Case No. 1125 of 2024 lodged on 24.09.2024, for the offences punishable under sections 80, 108, 238(a) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons, including the present petitioners, with allegations that they caused the death of the informant's daughter due to non-fulfillment of dowry demands.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.2527 of 2025(3) dt.14-05-2025 2/3 petitioners are innocent and have been falsely implicated. It is submitted that the husband of the deceased is currently in custody. Petitioner No. 1 is the mother-in-law, and Petitioner No. 2 is the sister-in-law of the deceased. Both petitioners have clean antecedents. Counsel further submits that the case diary, which has been called for on earlier occasions, reveals that the inquest and post-mortem of the deceased were conducted prior to the lodging of the F.I.R. It is also pointed out that the inquest report does not bear the signature of the informant as a witness. Learned counsel further states that the in-laws were informed of each development regarding the deceased and had participated in the related proceedings, but the present case has been filed naming all family members as accused.
5. Learned counsel for the informant strongly opposes the prayer for bail, submitting that there are specific allegations regarding demand of dowry and assault on the deceased following the non-fulfillment of such demand. It is contended that all accused persons acted in connivance and therefore do not deserve the benefit of bail.
6. Learned APP for the State opposes the bail application but fairly concedes that, upon a plain reading of the case diary, it appears that the inquest was conducted prior to the
Patna High Court CR. MISC. No.2527 of 2025(3) dt.14-05-2025 3/3 lodging of the F.I.R.
7. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the CJM, Nawada, in connection with Nawada Town P.S. Case No. 1125 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T