Lato Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76099 of 2025 Arising Out of PS. Case No.-328 Year-2025 Thana- CHANDI District- Nalanda ====================================================== Lato Devi W/o - Late Madan Gop R/o Village- Mokimpur, P.O.- Kolawan, Belchhi, P.S.- Chandi, District- Nalanda at Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2026 Heard Mr. Sanjay Kumar Pandey, learned counsel for the petitioner as well as Mr. Rajendra Prasad Nat, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 28.06.025 in connection with Chandi P.S. Case No. 328 of 2025, F.I.R. dated 27.06.2022 for the offences punishable under Sections 103(1), 3(5) of the BNS,2023.
3. According to prosecution case, the informant alleged that the petitioner along with other co-accused persons killed his daughter.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and she has been made accused only on the ground that she is the mother-in-law of the
Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026 2/3 deceased. From bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against him rather there is general and omnibus against all the accused persons including the petitioner and informant is not the eye witness of the alleged occurrence and it has come during investigation that deceased has committed suicide herself which is recorded in paragraph-24 of the case diary and police after investigation has submitted chargesheet. The petitioner is in custody since 28.06.2025
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation of assault or overt act against her and deceased has committed suicide herself, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate1st, Hilsa, Nalanda in connection with Chandi P.S. Case No. 328 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026 3/3 and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T