Patna High Court
Lalita Devi @ Lalti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
Checking your session…