Created by Fuzzy Cloud

Patna High Court

Lalita Devi @ Lalti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioners, Lalita Devi and Ram Swaroop Rai, applied for bail in a case registered as Rajapakar P.S. Case No. 292 of 2025, alleging offences under Section 80 and 3(5) of the BNS. The prosecution alleged that the petitioners demanded a dowry of Rs.2 lakh and tortured the deceased daughter-in-law, who later died under suspicious circumstances, possibly by suicide. The petitioners contended that they were innocent, had no criminal antecedents, and that the deceased had committed suicide without any dowry demand or cruelty. The State opposed the bail, but the court considered the petitioners' relationship with the deceased, their age, and the lack of substantive evidence. The court directed that bail be granted on furnishing bonds of Rs.10,000 each with two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also imposed attendance requirements and cancellation provisions for non‑compliance.

Issues considered

  • Whether bail should be granted to the petitioners despite allegations of dowry demand and torture
  • Whether the evidence presented is sufficient to deny bail under Section 80 and 3(5) of the BNS
  • Application of Section 480(3) of the BNSS in imposing bail conditions

Legislation cited

  • BNS — s. 3(5), 80
  • BNSS — s. 480(3)

Subjects

  • bail
  • dowry death
  • suicide
  • Section 80
  • Section 480
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6056 of 2026
                     Arising Out of PS. Case No.-292 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
           1.     Lalita Devi @ Lalti Devi W/o Ram Swaroop Rai R/o Village- Dayalpur, PS-
                  Rajapakar, Baranti OP, Distt- Vaishali
           2.    Ram Swaroop Rai S/o Late Rupdhari Rai @ Ram Jhari Rai R/o Village-
                 Dayalpur, PS- Rajapakar, Baranti OP, Distt- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramesh Kumar Choudhary, Adv.
                 For the Opposite Party/s :       Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioners seek bail in

                   connection with Rajapakar P.S. Case No. 292 of 2025,

                   registered for the offences under Section 80, 3(5) of the BNS

                                3. As per the prosecution case, the daughter of the

                   informant was married with the son of the petitioner and she

                   died within seven years of marriage in her matrimonial home

                   under      suspicious      circumstances.        Allegation       against      the

                   petitioners is that they have been demanding Rs.2 lakh in dowry

                   and they used to torture the deceased.

                                4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.6056 of 2026(2) dt.04-02-2026
                                            2/3




          petitioners are innocent and have been falsely implicated in this

          case. There is no material to show that the deceased was

          subjected to cruelty or torture soon before her death. The

          petitioners are parents-in-law of the deceased who was having

          two children and there has been no complaint of any demand of

          dowry or torture during five years of marriage. True fact of the

          case is that the daughter-in-law of the petitioners being a hot

          headed lady, committed suicide by consuming poison and the

          petitioners came to be implicated for her death though they are

          quite innocent. Petitioners have got no criminal antecedents and

          they are in custody since 23.08.2025. Charge sheet has been

          submitted.

                       5. Learned A.P.P. appearing for the State opposes the

          submission made on behalf of the petitioners.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          relationship of the petitioners with deceased, their age and also

          considering submission of charge sheet against them, the

          petitioners are directed to be released on bail, on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with

          two sureties of the like amount each to the satisfaction of JMFC,

          Vaishali at Hajipur/concerned court, in connection with
             Patna High Court CR. MISC. No.6056 of 2026(2) dt.04-02-2026
                                                         3/3




                       Rajapakar P.S. Case No. 292 of 2025, subject to the condition

                       laid down under Section 480(3) of the BNSS and other

                       following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioners.

                                               (ii) The petitioners will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioners will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.