Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2868 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- DANDKHORA District- Katihar ====================================================== Lalita Devi W/o Late Bablu Parihar @ Late Bablu Kumar Parihar D/o Late Shankar Choudhari, R/o Village - Sauriya, P.S - Dandkhora, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP For the Informant/s :
Mr. Krishna Chandra Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 02-04-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dandkhora P.S. Case No. 123 of 2025 dated 30.10.2025 registered for the offences punishable under Section 103(1) of B.N.S.
3. As per the prosecution case, the informant who happens to be the father of the deceased, namely, Babloo Parihar alleged that on 29.10.2025 his son Babloo Parihar was sitting at his Puja Shop, in the meantime, at about 05:00 P.M. daughterin-law (petitioner) came there and started quarreling on some issue with her husband Babloo Parihar, deceased son of the informant and in course of such quarrel this petitioner hit on the
Patna High Court CR. MISC. No.2868 of 2026(3) dt.02-04-2026 2/3 back side of his head by means of bamboo stick as a result of which Babloo Parihar, the son of the informant, fell down on the ground. Upon raising alarm by him, several people assembled there, thereafter the son of the informant was sent to Sadar Hospital, Katihar in an injured condition and he was declared dead on arrival.
4. Learned counsel for the petitioner submits that as per the allegation itself there was sudden quarrel between this petitioner and her deceased husband on some issue, subsequently upon such heat of passion and spur of moment she allegedly assaulted by a bamboo stick just once without repetition of blow. Learned counsel for the petitioner has further drawn the attention of the Court to the confessional statement of this petitioner in which she has stated that both this petitioner and her husband took loan for running a shop and to sell puja items in the year 2018, everything was going well but after sometimes the husband of this petitioner developed the habit of drinking wine due to which the petitioner's husband used to assault her and she built a hut on the government land and started living there and anyhow she could made the expenses meet with respect to her three children and on the fateful day the deceased husband as usual was demanding money for drinking
Patna High Court CR. MISC. No.2868 of 2026(3) dt.02-04-2026 3/3 wine but she refused and intervening quarrel took place and in anger she gave a bamboo blow resulting into her death and thereafter she became afraid and fled away. Learned counsel for the petitioner has further submitted that petitioner is in custody since 31.10.2025 having no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and submitted that the deceased was done to death by the assault by the petitioner.
6. Considering the facts and circumstances of the case and the nature of allegation against the petitioner, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Dandkhora P.S. Case No. 123 of 2025.
7. The application stands allowed.
(Praveen Kumar, J) shivam/- U T