Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55245 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- DHANKUND District- Banka ====================================================== Lalita Devi W/o Jaleshwar Singh R/o Village- Hasay, PS- Dhankund, DistrictBanka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jagiya Devi W/o Manoj Singh R/o vill- Hassay, P.S.- Dhankund, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2025 Heard Mr. Brij Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Suman Kumari Singh, learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in connection with Dhankund P.S. Case No. 06 of 2025 registered under Sections 137(2)/96 of the BNS and Sections 8/12 of POCSO Act.
3. As per the allegation made in the FIR, the petitioner along with other co-accused kidnapped the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has
Patna High Court CR. MISC. No.55245 of 2025(3) dt.10-12-2025 2/3 falsely been implicated in the present case. Learned counsel further submitted that the victim/daughter of the informant on her own chose to marry with one co-accused Suraj Kumar and the said Suraj Kumar has been released on regular bail by this Court vide order dated 16.10.2025 passed in Cr. Misc. No.50115 of 2025. The allegation against the petitioner is that she along with other co-accused forced the victim to marry with the said Suraj Kumar. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, I have also perused the allegation made in the FIR and the fact that the victim/daughter of the informant on her own chose to marry with one co-accused Suraj Kumar and the said Suraj Kumar has been released on regular bail by this Court vide order dated 16.10.2025 passed in Cr. Misc. No.50115 of 2025, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of her arrest or
Patna High Court CR. MISC. No.55245 of 2025(3) dt.10-12-2025 3/3 surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection with Dhankund P.S. Case No. 06 of 2025, subject to the condition as laid down under Section 482 of the BNSS//438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T