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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner because the charge was founded merely on suspicion and no substantive evidence linked her to the crime.

Summary

Lalita Devi, a 45‑year‑old woman, was named as an accused in a case registered under sections 103(1), 303(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita concerning the death of a person whose body was found hanging in an orchard. The petitioner applied for regular bail, contending that the charge against her was based solely on suspicion and that she was not present with the deceased at the time of his death. The State opposed the bail, arguing that the allegations warranted continued custody. The court examined the submissions and noted that the prosecution’s case rested on mere suspicion and that the deceased had last been seen with co‑accused, not with the petitioner. Considering the lack of incriminating evidence from the petitioner’s house and the completion of the investigation period, the court decided to release her on bail. Accordingly, the petitioner was ordered to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita given that the accusation is based only on suspicion and she was not present at the deceased's last moments

Legislation cited

Subjects

  • regular bail
  • suspicion
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • East Champaran
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88497 of 2025
                 Arising Out of PS. Case No.-354 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Lalita Devi, Wife of Brajesh Raut @ Bijesh Raut @ Brijesh Raut, Resident of
                 Village - Shreepur Nawada, Ward No. - 4, P.S. - Pakaridayal, District - East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakil Ahmad Khan, Adv.
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner seeks regular bail in connection with

                   Pakaridayal P.S. Case No. 354 of 2025 registered for the offences

                   punishable under sections 103(1), 303(2), 118(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner is a 45 year old lady and she has

                   been made accused mainly on the basis of suspicion and the

                   deceased was lastly seen in the company of the co-accused

                   persons and not with the petitioner. It is further submitted that

                   though as per the allegation, the deceased was taken by co-

                   accused persons to the house of the petitioner but nothing
             Patna High Court CR. MISC. No.88497 of 2025(2) dt.12-01-2026
                                                         2/2




                       incriminating was found from the house of the petitioner and the

                       dead body of the deceased was found in hanging position in an

                       orchard.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. Considering the above submissions, averments

                       made in this application and mainly taking into account the fact

                       that the basis of implicating the petitioner as an accused in this

                       matter is mere suspicion and she is not alleged to have been in

                       the company of the deceased in his last moment, coupled with

                       petitioner’s custody period and completion of investigation

                       against her, this Court is inclined to release her on bail.

                       Accordingly, let the petitioner named-above be released on bail

                       on furnishing bail bond of Rs. 20,000/- (Rupees Twenty

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

                       satisfaction of the court concerned in connection with

                       Pakaridayal P.S. Case No. 354 of 2025.




                                                               (Shailendra Singh, J)

annu/-

U        T


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