Patna High Court
Lalmuni Devi @ Lalmuni DevoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 147, 148, 149, 302, 307, 325, 34, 354, 504
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/-
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