Patna High Court

Lalita Kumari @ Lalita DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail may be granted as the petitioner faces no specific allegation and has no criminal antecedent, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Lalita Kumari sought anticipatory bail fearing arrest in a dowry‑death case (Bariyarpur P.S. Case No. 119 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she and family members tortured and killed the deceased for dowry demands. The petitioner contended she was falsely implicated, had no specific allegation against her, no criminal antecedent, and was unrelated to the family affairs. The State opposed the bail. The Court, noting the lack of specific overt acts and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in a dowry‑death case under the Bharatiya Nyaya Sanhita, 2023.
Whether the petitioner’s alleged lack of specific involvement and clean antecedent justify anticipatory bail.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are satisfied.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)

Subjects

anticipatory bail
dowry death
false implication
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87298 of 2025
                     Arising Out of PS. Case No.-119 Year-2025 Thana- Bariyarpur District- Muzaffarpur
                 ======================================================
                 Lalita Kumari @ Lalita Devi W/o Amar Kumar @ Amar Rai Resident of
                 Village - Paitrapur Gaurihar, P.S.- Bariyarpur, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Pranav Kumar, Advocate
                                                    Mr. Rajeev Ranjan No. II, Advocate
                 For the Opposite Party/s :         Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Bariyarpur P.S. Case No. 119 of 2025 instituted for the

                   offences under Sections 80(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the cousin mother-in-law of the deceased. Learned

                   counsel for the petitioner submits that general and omnibus
           Patna High Court CR. MISC. No.87298 of 2025(2) dt.15-01-2026
                                                       2/2




                     allegation has been made against the petitioner. No specific

                     overt act is alleged against the petitioner. Learned counsel

                     further submitted that petitioner is separate in mess and business

                     and has got no concern in the family affairs of the deceased and

                     her husband. Husband of the deceased is already in custody. It

                     has been submitted on behalf of the petitioner that the petitioner

                     has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bariyarpur P.S. Case

                     No. 119 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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