Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9435 of 2026 Arising Out of PS. Case No.-47 Year-2025 Thana- Bhatni District- Madhepura ====================================================== Lalita Devi Wife of kari yadav Resident of village- Barahkurwa, Ward no. 15, Ps- Bhatni, Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bhatni Police Station Case No. 47 of 2025, disclosing offences under Sections 103(1), 61(2), 3(5) of the BNS, 2023.
3. As per the FIR, on 04.09.2025, Rajdeep Kumar, son of the informant, was called by Bijay Kumar, son of Kari Yadav, to his home in the night and was asked to stay in the night and after taking meal, the deceased stayed in the house of the accused persons. So it has been alleged that in the night, head of the deceased was cut through sharp cutting weapon and the accused persons tried to conceal the dead body. However, the neighbor woke up and informed the police and the dead body
Patna High Court CR. MISC. No.9435 of 2026(3) dt.28-04-2026 2/3 was recovered.
4. Learned counsel for the petitioner submits that the petitioner is wife of Kari Yadav and there was friendship between co-accused Bijay Kumar and the deceased Rajdeep Kumar who stayed on the date of occurrence in the house of the petitioner. Petitioner, being a lady, was not aware about the plan of her son and her husband to kill Rajdeep Kumar in the night. The petitioner is an old lady and there is no direct allegation against her to connect her with the present offence.
5. Learned counsel for the state, on the other hand, argued that during course of investigation, it has come to light that there was illicit relationship between the deceased and the wife of co-accused Kari Yadav for the last five years. The deceased had also given a sum of Rs. 2 lacs to Bijay Kumar for construction of house. On the date occurrence, while the deceased was returning back after irrigating his field in the night at about 2:30 am, he entered into the house of the co-accused Bijay Kumar and there all the family members have killed the deceased Rajdeep Kumar. The murder has been committed by the accused persons due to illicit relationship between wife of Kari Yadav and the deceased.
6. Having regard to the submissions made on
Patna High Court CR. MISC. No.9435 of 2026(3) dt.28-04-2026 3/3 behalf of the parties and taking into consideration the gravity of offense and the severity of punishment and the petitioner is named in the FIR and during course of investigation, it has come that the deceased was killed in the house of the accused persons, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T