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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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