Patna High Court
Lalsi DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The Court allowed anticipatory bail for petitioners 1 and 3, subject to conditions, and dismissed the withdrawn application of petitioner 2.
Summary
The petitioners Lalsi Devi and Antima Devi, both women, were implicated in a criminal case (Nautan P.S. Case No. 481 of 2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, alleged to have murdered a deceased relative. They applied for anticipatory bail, while a third petitioner, Sonu Kumar, withdrew his application. The State opposed the bail on the ground of the seriousness of the offence. The Court, taking into account the petitioners' clean antecedents, their gender, and the submissions made, granted anticipatory bail to petitioners 1 and 3, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The application of petitioner 2 was dismissed as withdrawn.
Issues considered
- Whether petitioners Lalsi Devi and Antima Devi are entitled to anticipatory bail under Section 438 of the CrPC in a case under Sections 103(1) and 3(5) of the BNSS.
- Whether the withdrawal of petitioner Sonu Kumar's application affects the remaining applications.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- women accused
- West Champaran
- murder allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37143 of 2026
Arising Out of PS. Case No.-481 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Lalsi Devi W/o Mandeo Ram @ Mandev Ram Resident of Village - Dakshin
Telhua Naurahi, P.S.- Nautan, District - West Champaran
2. Sonu Kumar S/o Mandeo Ram @ Mandev Ram Resident of Village -
Dakshin Telhua Naurahi, P.S.- Nautan, District - West Champaran
3. Antima Devi W/o Upendra Ram Resident of Village - Dakshin Telhua
Naurahi, P.S.- Nautan, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw the
application on behalf of petitioner no. 2.
3. Permission is accorded.
4. Petitioner no. 2 is directed to surrender within four
weeks and pray for regular bail.
5. Accordingly, the application on behalf of petitioner
no. 2 is dismissed as withdrawn.
6. So far as petitioner nos. 1 and 3 are concerned, they
Patna High Court CR. MISC. No.37143 of 2026(2) dt.15-06-2026
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apprehend their arrest in connection with Nautan P.S. Case No.
481 of 2025 registered for the offence under Sections 103(1),
3(5) of the B.N.S.
7. As per the prosecution case, petitioner nos. 1
and 3 are mother-in-law and the wife of the deceased. The
allegation against them is that they have killed the deceased in
his sasural and petitioner no. 3 and the deceased have three
children born from their wedlock.
8. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. Petitioners have clean
antecedent.
9. Learned counsel for the informant as well as
learned A.P.P. for the State have jointly opposed the prayer for
anticipatory bail of the petitioner nos. 1 and 3.
10. Considering the aforesaid submissions
advanced on behalf of the parties as well as the fact that
petitioner nos. 1 and 3 are women, this application only on
behalf of petitioner nos. 1 and 3 stands allowed.
11. Let the petitioner nos. 1 and 3, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
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furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Sub-Divisional Judicial Magistrate, Bettiah, West
Champaran/ concerned Court below in connection with Nautan
P.S. Case No. 481 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
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