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Patna High Court

Lalmuni Devi @ Lalmuni DevoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under the CrPC.

Summary

Lalmuni Devi sought anticipatory bail fearing arrest in a criminal case (PS No. 681/2023) involving offences under Sections 147, 148, 149, 307, 325, 354, 504 and later 302/34 of the IPC. The prosecution alleged that the accused assaulted the victim, who later died. The petitioner submitted that the police had filed a final report exonerating her, but the lower court proceeded to take cognizance. The Patna High Court, noting the police exoneration, allowed the anticipatory bail application. The court ordered that if she is arrested or surrenders within four weeks, she may be released on bail of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the pending charges and the police’s exonerating final report.

Legislation cited

Subjects

  • anticipatory bail
  • police exoneration
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • criminal trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76794 of 2025
                   Arising Out of PS. Case No.-681 Year-2023 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Lalmuni Devi @ Lalmuni Devo Wife of Arvind Singh Resident of Village -
                 Aurey, P.S. - Ramgarh, Dist. - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amritesh Kumar
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of anticipatory bail who is apprehending her arrest in connection

                   with Lakhisarai Ramgarh Chowk P.S. Case No. 681 of 2023

                   registered for the offence under Sections 147, 148, 149, 307,

                   325, 354, 504 of the Indian Penal Code and later on Section

                   302/34 of the Indian Penal Code was also added.

                                3. As per the prosecution case, all the accused persons

                   are said to have assaulted the victim, who died during the course

                   of treatment.

                                   4. It has been submitted by the petitioner that final

                   form was submitted exonerating her and other accused persons

                   after investigation but the Court below, after differing with the

                   final form has taken cognizance against her.
          Patna High Court CR. MISC. No.76794 of 2025(3) dt.11-02-2026
                                                      2/2




                                    5. Considering the fact that the police has

                    exonerated the petitioner and has submitted final form, this

                    application is allowed.

                                      6. Let the petitioner, above named, in the event of

                    her arrest or surrender before the concerned Court below within

                    four weeks from today, 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 Sessions

                    Judge, Lakhisarai/concerned Court below in connection with

                    Lakhisarai (Ramgarh Chowk) P.S. Case No. 681 of 2023,

                    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)
Vikas/-

U


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