Patna High Court
Lila Devi @ Lili DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Sections 438(2) Cr.P.C. and 482(2) BNSS, 2023.
Summary
The petitioners, members of the Mukhiya family, sought anticipatory bail fearing arrest in a case registered under Section 108 and Section 3(5) of the Bharatiya Nyaya Sanhita, alleging that the informant's daughter committed suicide due to their alleged physical and mental torture. They contended that the FIR was lodged 46 days after the alleged incident, that the allegations were vague and omnibus, and that there was no proximate link between the death and any alleged torture, noting that the deceased had been taken to hospital and cremated in the presence of family. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the delay, lack of specific evidence, and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties each, to be filed within four weeks, and conditioned on Sections 438(2) of the Cr.P.C. and 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order releases the petitioners from immediate arrest pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case alleging suicide caused by alleged torture under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the delay in filing the FIR and the general nature of the allegations justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 108, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- suicide
- torture allegation
- delay in FIR
- family members
- Section 108
- Section 3(5)
- Section 438
- Section 482
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17811 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
1. Lila Devi @ Lili Devi Wife of Faguni Mukhiya Resident of Village-Khajura,
P.S. -Madhepur, Dist-Madhubani
2. Faguni Mukhiya son of Late Kishani Mukhiya @ Kirani Mukhiya Resident
of Village-Khajura, Banki, P.S. -Madhepur, Dist-Madhubani
3. Dinesh Mukhiya Son of Late Kirani Mukhiya Resident of Village-Khajura,
Po- Banki, P.S. -Madhepur, Dist-Madhubani
4. Mahesh Mukhiya Son of Late Kirani Mukhiya Resident of Village-Khajura,
Po- Banki, P.S. -Madhepur, Dist-Madhubani
5. Saroj Mukhiya @ Saroj Kumar @ Saroj Kumar Mukhiya son of Faguni
Mukhiya Resident of Village-Khajura, Po- Banki, P.S. -Madhepur, Dist-
Madhubani
6. Rekha Devi @ Sushila Devi Wife of Saroj Mukhiya @ Saroj Kumar @
Saroj Kumar Mukhiya Resident of Village-Khajura, Po- Banki, P.S.
-Madhepur, Dist-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Advocate
: Mr. Keshav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard Mr. Prafull Chandra Jha, learned counsel for
the petitioners and Mr. Chandra Sen Prasad Singh, learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 108 and
3(5) of the Bharatiya Nyaya Sanhita.
3. The allegation in the First Information Report is
Patna High Court CR. MISC. No.17811 of 2026(2) dt.03-04-2026
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that the daughter of the informant committed suicide due to
physical and mental torture of the accused persons.
4. Learned counsel for the petitioners submits, at the
outset, that the present case has been filed after an inordinate
delay of 46 days, inasmuch as, while the date of occurrence is
05.10.2025, the present case came to be lodged on 21.11.2025,
for which no explanation has been tendered. It is further
submitted that based upon general and omnibus allegations, the
entire family members of the petitioners have been made an
accused in the present case and the petitioners are all in-laws
and cousin in-laws of the deceased. It has also been submitted
that there is no immediate and proximate connection shown
between the death of the deceased and any torture etc., inflicted
by the petitioners. It has been further submitted that the
deceased was even taken to the hospital for treatment,
whereafter her cremation was performed in the presence of both
her parents and also the family members of her matrimonial
household. The petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
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circumstances and considering the general and omnibus nature
of allegations, let the above named petitioners, be released on
bail, in the event of their arrest or surrender before the learned
Court below within a period of four weeks from today, 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 Madhepur P.S. Case No. 211 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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