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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, considering the nature of the allegations and the petitioner’s status as a woman, bail should be granted.

Summary

The petitioner, Lalita Devi, was arrested in connection with a case registered under multiple sections of the Bihar Penal Code for allegedly assaulting a victim with bricks. She had been in custody since 16 December 2025. The petitioner applied for bail, and counsel for both sides were heard on 30 April 2026. The court examined the seriousness of the charges and the petitioner’s status as a woman. Taking into account the nature of the allegations and the gender of the accused, the court decided to grant bail. The order directed her release upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious offences alleged under sections 190, 191, 352, etc. of the Bihar Penal Code
  • Whether the fact that the accused is a woman warrants special consideration in granting bail
  • Whether the nature of the alleged assault justifies denial of bail

Subjects

  • bail
  • criminal procedure
  • gender consideration
  • assault
  • Bihar Penal Code
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22346 of 2026
                       Arising Out of PS. Case No.-456 Year-2024 Thana- SIRDALA District- Nawada
                 ======================================================
                 Lalita Devi W/O Upendra Prasad R/O Vill.- Chapri, P.S and p.o - Sirdala,
                 District - Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Sirdalla P.S. Case No. 456 of 2024 registered for the offence

                   under Sections 191(2), 190, 191(3), 126(2), 115(2), 117(2),

                   118(1), 109, 352, 351(2), 103(1) of the BNS.

                                   3. As per the prosecution case, the petitioner is a

                   women and she is alleged to have assaulted the victim with

                   bricks etc.

                                   4. The petitioner is in jail since 16.12.2025.

                                   5. Considering the nature of allegations levelled

                   against the petitioner and also considering the fact that she is a

                   woman, this application is allowed.

                                    6. Let the petitioner, above named, be released on
              Patna High Court CR. MISC. No.22346 of 2026(2) dt.30-04-2026
                                                          2/2




                        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 Sessions Judge-IX, Nawada/concerned

                        Court below in connection with Sirdalla P.S. Case No. 456 of

                        2024.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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