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Patna High Court

Lila Devi @ Lili DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.17811 of 2026(2) dt.03-04-2026
                                                        3/3




                      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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