Lalita Karn @ Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9351 of 2026 Arising Out of PS. Case No.-3 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Lalita Karn @ Lalita Devi W/O Prabhakar Kumar Resident of Village And P.O- Taraiya, P.S- Saharghat, Dist.- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Shrivastava, Sr. Advocate :
Mr. Girish Pandey, Advocate :
Mr. Ram Nibash Prasad, Advocate For the Opposite Party/s :
Mr. Murli Dhar, A.P.P.
For OP No. 2 :
Mr. Shailendar Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2026 Heard learned Senior Counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354, 379, 427, 504, 506 and 34 of BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that she along with her son on 28.10.2022 at 02:00 PM were going on a motorcycle to purchase jewellery when they were intercepted by the accused persons and they asked to hand over all the belongings, on protest, accused
2/4 person Hare Ram on point of pistol threatened that her son would be killed. Thereafter, Priyanshu and Runa snatched Rs.70,000/- while Lalita and Prabhakar forced her to sign on two blank papers thereafter, Lalita and Runa made her unconscious by putting a handkerchief around her face and Prabhat assaulted by hammer causing injury on head and Hare Ram assaulted by rod causing injury on back and chest. It is next alleged that accused assaulted her son and followed them to their house and again assaulted and Prabhat acted inappropriately with her daughter-in-law and accused persons took away Rs. 15,000/- and jewellery worth Rs.1,50,000/-.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that the instant FIR is based on a complaint case. It is next submitted that allegation as alleged in the FIR does not inspire confidence for the reason that it does not appear probable that the informant after being made unconscious by putting a handkerchief around her face could have walked back home as the informant alleges that she was made unconscious and thereafter she was also assaulted and the accused followed her and her son to the house and again assaulted, abused and took away the belongings. It is next
3/4 submitted that the allegation against the petitioner is general and omnibus in nature. It is further submitted that husband of the instant petitioner has instituted Saharghat P.S. Case No. 217 of 2022 against the husband of the present informant alleging that on pretext of giving government job, the husband of the informant duped the petitioner's husband of lakhs of money and in the said retaliation, the instant FIR came to be instituted. Learned Senior Counsel further submits that process under Section 82 Cr.P.C. has been issued but then it is submitted that facts of the case is also required to be appreciated and anticipatory bail should not be rejected in a mechanical manner merely for the reason that process under Section 82 Cr.P.C. has been issued.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submission of the learned Senior Counsel for the petitioner that husband of the petitioner had instituted Saharghat P.S. Case No. 217 of 2022 against the husband of the informant and the informant.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender within a period of six weeks
4/4 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Madhwapur P.S. Case No. 03 of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS (Satyavrat Verma, J) Gaurav Sinha/- U T