Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23703 of 2025 Arising Out of PS. Case No.-42 Year-2024 Thana- Pastpar Pusthi District- Saharsa ====================================================== 1.
Lalita Devi wife of Tapesh Sah Resident of Pastpar, Ward No. 13, P.S.- Pastpar, District- Saharsa 2.
Tapesh Sah son of Asarfi Sah Resident of Pastpar, Ward No. 13, P.S.- Pastpar, District- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ram Bilash Sah S/O-Pulkit Sah , R/O-Amrita, ward no-3. PS-Sonbarsa Raj, Dist-Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 80, 3(5) of the B.N.S.
3. The allegation in the First Information Report against the petitioners and others is that the daughter of the informant has been administered poison on account of nonfulfillment of dowry.
4. Learned counsel for the petitioner submits that the petitioners are the mother-in-law and father-in-law and they are
Patna High Court CR. MISC. No.23703 of 2025(3) dt.26-06-2025 2/3 living separately from the deceased and her husband. Further, there is no specific allegation against the petitioners and the husband of the deceased, who is primarily responsible for the welfare of the wife, is already in custody as stated in paragraph14 of the petition. It has also been argued that it was the husband of the deceased who had himself informed that the deceased had consumed poison to the informant which is an admitted position in the FIR. Further, it would also appear from para-14 of the petition that two minor children of the deceased are staying with the petitioners who are their grand parents and this fact is also admitted by the learned counsel for the informant.
5. Learned APP for the State and learned counsel for the informant have opposed the application for anticipatory bail.
6. Considering all the above mentioned facts and circumstances, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pastpar P.S. Case No. 42 of 2024,
Patna High Court CR. MISC. No.23703 of 2025(3) dt.26-06-2025 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) devendra/- U T