Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 118(1), 303(2), 3(5)
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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