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Patna High Court

Lagni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions, subject to bond and sureties, and retained the power to cancel bail for non‑cooperation.

Summary

Lagni Devi, a resident of Jamui, sought anticipatory bail after an FIR was lodged against her under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, alleging her involvement in a poisoning case linked to a family dispute. She contended that the allegations were false, that she has a clean record, and that the alleged second marriage to Sonu Kumar Sah never occurred. The State opposed the bail, arguing the seriousness of the offences. The court examined the earlier order granting anticipatory bail in Cr. Misc. No. 51864/2025 and considered the petitioner’s willingness to cooperate with the investigation. It granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and a condition that bail may be cancelled if she fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to Lagni Devi under Section 438 of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act in view of the FIR under Sections 103(1) and 3(5).
  • Whether the petitioner’s alleged false implication and cooperation with investigation affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • false implication
  • FIR
  • women's rights
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69829 of 2025
                         Arising Out of PS. Case No.-80 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Lagni Devi W/o Guddu Manjhi R/o Village- Jogajhingoi, P.S.- Khaira,
                 District- Jamui
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amar Prakash, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar No. 3, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   11-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 103(1) and

                   3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that his sister was married to Sonu Kumar

                   Sah, about 18 years ago, but Sonu Kumar Sah used to torture

                   her as she was not able to conceive, though his sister had

                   conceived, but the child, at the time of delivery, died. It is

                   further alleged that Sonu Kumar Sah performed his second

                   marriage with Lagni Devi (petitioner). It is next alleged that the

                   sister of the informant on 20-2-2025 called and disclosed that

                   Sonu Kumar Sah and Lagni Devi forcibly administered poison,
Patna High Court CR. MISC. No.69829 of 2025(3) dt.11-02-2026
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          accordingly, the informant reached the place of occurrence and

          found the dead body of his sister lying.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that sister of

          the informant was married to Sonu Kumar Sah about 18 years

          back. It is next submitted that since sister of the informant was

          not conceiving, as such, some dispute had arisen but

          subsequently she conceived and the child died, at the time of

          delivery, on account of which the victim started remaining in

          depression and, thus, committed suicide. It is also submitted that

          the marriage was 18 years old and if Sonu Kumar Sah was

          torturing the sister of the informant in the manner as alleged in

          that event either the victim or the informant would have

          instituted a case but then the same was not done. It is further

          submitted that no doubt, in the FIR, it is alleged that Sonu

          Kumar Sah performed his second marriage with the petitioner,

          but then it is asserted and submitted that Sonu Kumar Sah

          neither prior nor after the death of the victim has performed his

          second marriage. It is next submitted that Sonu Kumar Sah had

          approached this Court seeking anticipatory bail by filing Cr.
Patna High Court CR. MISC. No.69829 of 2025(3) dt.11-02-2026
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          Misc. No. 51864 of 2025 and the same came to be allowed by

          an order dated 22.09.2025 wherein it is recorded -- It is also

          submitted that no doubt in the FIR it is alleged that petitioner

          (Sonu Kumar Sah) performed his second marriage with Lagni

          Devi (petitioner herein), but then a supplementary affidavit has

          been filed, wherein at Para-3, it has been specifically pleaded

          that petitioner (Sonu Kumar Sah) neither prior nor after the

          death of the victim performed his second marriage. It is further

          submitted that petitioner is wife of Guddu Manjhi and has

          children out of the wedlock, but in order to give serious colour

          to the case, a false allegation has been alleged. It is next

          submitted that petitioner will not abscond rather will cooperate

          in the investigation to prove her innocence.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration the order

          dated 22.09.2025 in Cr. Misc. No. 51864 of 2025, let the

          petitioner, above-named, in the event of her arrest or surrender

          before the learned trial court within a period of six weeks from

          today, be released on anticipatory bail on furnishing bail bonds

          of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
           Patna High Court CR. MISC. No.69829 of 2025(3) dt.11-02-2026
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                     like amount each to the satisfaction of the learned trial court

                     where the case is pending/Successor Court in connection with

                     Jamui P.S. Case No. 80 of 2025, subject to the conditions as laid

                     down under Section 438 (2) of the Cr.P.C./482(2) of the BNSS.

                                  7. However, if the investigating officer of the case

                     files an application before the learned trial court bringing to its

                     notice that the petitioner despite giving assurance to this Court

                     is not cooperating in the investigation, the learned trial court

                     shall be at liberty to cancel the bail bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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