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Patna High Court

Lilawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing her release on bail with conditions under Section 482(2) of the BNSS.

Summary

Lilawati Devi was accused of kidnapping a minor, administering medicine to render her unconscious, and forcing her to work as a maid. The original FIR listed bailable offences under IPC sections 363 and 34, but later the FIR was amended to include non‑bailable offences under IPC sections 371 and 328 and sections 3 and 4 of the D.P. Act. The petitioner filed a second anticipatory bail petition after an earlier one was rejected, arguing that the victim’s statement under CrPC s.164 named only other accused and that the FIR was filed after a delay of over a month. The court noted the petitioner’s clean antecedent and the lack of any direct allegation against her in the victim’s statement. Consequently, the court granted anticipatory bail, directing her release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted despite the addition of non‑bailable offences in the FIR
  • Whether the victim’s statement, which does not name the petitioner, negates the prima facie case against her
  • Whether the delay in lodging the FIR is a factor in granting bail

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • non‑bailable offence
  • victim statement
  • clean antecedent
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10801 of 2026
                          Arising Out of PS. Case No.-33 Year-2023 Thana- SIMRI District- Buxar
                 ======================================================
                 Lilawati Devi W/o Late Ram Pravesh Sah R/o Village - Bikahuk Ka Dera, PS
                 - Simri, Distt.- Buxar.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Dimpal Kumari, Advocate
                 For the Opposite Party/s :        Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   09-06-2026                  The present second anticipatory bail petition preferred

                   on the sole reason that the earlier bail petition was disposed of

                   with a direction to surrender before the learned trial court, in

                   view of the fact that the offence alleged under Section 363/34 of

                   the IPC was bailable in nature.

                                2. Taking note of aforesaid observations, it is

                   submitted by learned counsel appearing for the petitioner that it

                   was the wrong fact and on 17.12.2024 the offence under

                   Sections 371 and 328 of the IPC and also the offences under

                   Section 3/4 of the D.P. Act was added and, therefore, the

                   allegation was not purely bailable rather non-bailable in nature. It

                   is pointed out that earlier anticipatory bail petition of the

                   petitioner bearing ABP No. 416/2023 dated 11.04.2023 was

                   rejected by the learned trial court and by that time only the FIR
Patna High Court CR. MISC. No.10801 of 2026(5) dt.09-06-2026
                                            2/3




          was lodged under Section 363/34 of the IPC and, therefore,

          against said rejection order, the earlier anticipatory bail petition

          was preferred without taking note of addition of new offences in

          the FIR dated 17.12.2024. Thereafter, again second anticipatory

          bail petition was preferred before the learned trial court, which is

          now impugned order mentioning all the added offence as

          discussed aforesaid, which was rejected by learned trial court

          through impugned order dated 10th December, 2025. It is also

          pointed out by learned counsel that earlier rejection was not after

          considering the merit and, therefore, still the merit of this case is

          open to argue.

                       3. The allegation against the petitioner is to kidnap the

          minor daughter of the informant and also to administered her

          medicine to make her unconscious and also to forced her to work

          as maid servant at Lucknow.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that after recovery of victim, her

          statement was recorded under Section 164 of Cr.P.C. where she

          named only Muniya and Usha Devi and no allegation was raised

          against this petitioner. It is also pointed out that FIR in issue was

          lodged with a delay of one month and 23 days, which only

          suggest the afterthought implication of this petitioner, who is a
              Patna High Court CR. MISC. No.10801 of 2026(5) dt.09-06-2026
                                                          3/3




                        lady of clean antecedent.

                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submissions and by

                        taking note of fact as prima facie victim failed to name the

                        petitioner, suggesting her involvement with crime in question,

                        coupled with the fact that the petitioner is a lady of clean

                        antecedent, accordingly, above named petitioner, in the event of

                        her arrest or surrender before the learned trial Court, within a

                        period of four weeks of the order, is directed to be released on

                        bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Sessions Judge, Buxar/concerned Court, where the

                        case is pending in connection with Simri P.S. Case No. 33 of

                        2023 subject to the conditions as laid down under Section 482(2)

                        of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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