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Patna High Court

Lato DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions.

Summary

Lato Devi, the mother‑in‑law of the deceased, was arrested on 28‑06‑2025 in connection with a murder case (PS No. 328 of 2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that she and co‑accused killed the informant’s daughter, but the FIR contained no specific allegation of assault against her and the informant was not an eye‑witness. During investigation it was recorded that the deceased had committed suicide, and the chargesheet reflected this finding. The petitioner, who has a clean antecedent, pleaded for bail, arguing false implication. The Additional Public Prosecutor opposed bail, but the court noted the lack of specific incriminating material and the suicide finding, and consequently granted bail on a Rs.10,000 bond with two sureties and several conditions regarding trial cooperation, non‑tampering of evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in view of the absence of specific allegations of assault and the finding that the deceased committed suicide.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suicide
  • false implication
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76099 of 2025
                       Arising Out of PS. Case No.-328 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Lato Devi W/o - Late Madan Gop R/o Village- Mokimpur, P.O.- Kolawan,
                 Belchhi, P.S.- Chandi, District- Nalanda at Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                  Heard Mr. Sanjay Kumar Pandey, learned counsel for

                   the petitioner as well as Mr. Rajendra Prasad Nat, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.06.025 in connection with Chandi P.S. Case No. 328 of 2025,

                   F.I.R. dated 27.06.2022 for the offences punishable under

                   Sections 103(1), 3(5) of the BNS,2023.

                               3.     According to prosecution case, the informant

                   alleged that the petitioner along with other co-accused persons

                   killed his daughter.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case and she has been made accused

                   only on the ground that she is the mother-in-law of the
Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026
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          deceased. From bare perusal of the FIR it appears that there is

          no specific allegation of assault or overt act against him rather

          there is general and omnibus against all the accused persons

          including the petitioner and informant is not the eye witness of

          the alleged occurrence and it has come during investigation that

          deceased has committed suicide herself which is recorded in

          paragraph-24 of the case diary and police after investigation has

          submitted chargesheet. The petitioner is in custody since

          28.06.2025

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is no specific

          allegation of assault or overt act against her and deceased has

          committed suicide herself, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate-

          1st, Hilsa, Nalanda in connection with Chandi P.S. Case No. 328

          of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026
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                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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