Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner, holding that the circumstances warranted release on bail.
Summary
Lalita Devi was arrested for the alleged murder of her husband, Babloo Parihar, under Section 103(1) of the B.N.S. The prosecution alleges she struck him on the head with a bamboo stick during a heated quarrel, leading to his death. The petitioner contended that the assault was a single, spur‑of‑the‑moment act arising from a sudden quarrel, highlighted her confession, lack of prior criminal record, and financial hardships. The State and the informant opposed bail, asserting the seriousness of the homicide. Considering the circumstances, the court ordered that she be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and the application was allowed.
Issues considered
- Whether regular bail can be granted to an accused in a murder case under Section 103(1) of the B.N.S. given the facts of a single assault in a sudden quarrel
- Whether the petitioner’s confession, lack of antecedents, and domestic circumstances justify bail
Legislation cited
- B.N.S. — s. 103(1)
Subjects
- regular bail
- murder
- Section 103(1) B.N.S.
- domestic violence
- confession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2868 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- DANDKHORA District- Katihar
======================================================
Lalita Devi W/o Late Bablu Parihar @ Late Bablu Kumar Parihar D/o Late
Shankar Choudhari, R/o Village - Sauriya, P.S - Dandkhora, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
For the Informant/s : Mr. Krishna Chandra Ojha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dandkhora P.S. Case
No. 123 of 2025 dated 30.10.2025 registered for the offences
punishable under Section 103(1) of B.N.S.
3. As per the prosecution case, the informant who
happens to be the father of the deceased, namely, Babloo Parihar
alleged that on 29.10.2025 his son Babloo Parihar was sitting at
his Puja Shop, in the meantime, at about 05:00 P.M. daughter-
in-law (petitioner) came there and started quarreling on some
issue with her husband Babloo Parihar, deceased son of the
informant and in course of such quarrel this petitioner hit on the
Patna High Court CR. MISC. No.2868 of 2026(3) dt.02-04-2026
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back side of his head by means of bamboo stick as a result of
which Babloo Parihar, the son of the informant, fell down on the
ground. Upon raising alarm by him, several people assembled
there, thereafter the son of the informant was sent to Sadar
Hospital, Katihar in an injured condition and he was declared
dead on arrival.
4. Learned counsel for the petitioner submits that as
per the allegation itself there was sudden quarrel between this
petitioner and her deceased husband on some issue,
subsequently upon such heat of passion and spur of moment she
allegedly assaulted by a bamboo stick just once without
repetition of blow. Learned counsel for the petitioner has further
drawn the attention of the Court to the confessional statement of
this petitioner in which she has stated that both this petitioner
and her husband took loan for running a shop and to sell puja
items in the year 2018, everything was going well but after
sometimes the husband of this petitioner developed the habit of
drinking wine due to which the petitioner’s husband used to
assault her and she built a hut on the government land and
started living there and anyhow she could made the expenses
meet with respect to her three children and on the fateful day the
deceased husband as usual was demanding money for drinking
Patna High Court CR. MISC. No.2868 of 2026(3) dt.02-04-2026
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wine but she refused and intervening quarrel took place and in
anger she gave a bamboo blow resulting into her death and
thereafter she became afraid and fled away. Learned counsel for
the petitioner has further submitted that petitioner is in custody
since 31.10.2025 having no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and submitted that the deceased was done to death
by the assault by the petitioner.
6. Considering the facts and circumstances of the case
and the nature of allegation against the petitioner, the petitioner
above-named is directed to be enlarged on bail on furnishing
bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Katihar in connection with Dandkhora P.S.
Case No. 123 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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