Patna High Court
Lakhiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to conditions.
Summary
Lakhia Devi was arrested for allegedly poisoning her husband with a watermelon, leading to his death, and charged under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She pleaded innocence, claiming the fruit was contaminated and that she had no criminal record. The State opposed her bail, while her counsel highlighted her gender, lack of antecedents, and the short period of custody. The Patna High Court, noting these circumstances, allowed her regular bail on a cash bond and two sureties, subject to conditions of regular appearance and cooperation in trial. The court clarified that its observations were prima facie and not a determination on the merits of the murder charge.
Issues considered
- Whether regular bail should be granted to a petitioner accused of murder under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner's gender and period of custody justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 3(5)
Subjects
- bail
- murder
- poison
- women's rights
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90016 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- DOBHI District- Gaya
======================================================
Lakhiya Devi W/O Late Mantu Yadav R/O Village- Keshapi, P.S- Dobhi,
Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 12-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dobhi P.S. Case No. 140 of 2025 registered for the offence
under Section(s) 105 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner, Lakhia Devi,
is that on 26.05.2025 at about 9:00 a.m., she administered
poison to her husband, Mantu Yadav, by mixing the same in a
watermelon and feeding it to him, causing his death. It is further
alleged that the petitioner’s father, mother, and brother were also
involved in the occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.90016 of 2025(8) dt.12-05-2026
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present case. It is submitted that the petitioner is in custody
since 28.05.2025 and has no criminal antecedent. Learned
counsel further submits that there is no plausible reason for the
petitioner, being the wife of the deceased, to administer poison
to him. It is contended that the watermelon purchased from the
market allegedly contained some poisonous substance, due to
which the deceased died. It is also submitted that recently
several incidents have surfaced from different parts of the
country where persons allegedly died after consuming
contaminated watermelon.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, the fact that the petitioner is a woman and the period
of custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dobhi P.S. Case
No. 140 of 2025 subject to conditions that:-
i) The petitioner shall appear in
the trial regularly either personally or
Patna High Court CR. MISC. No.90016 of 2025(8) dt.12-05-2026
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through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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