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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Lalita Devi, sought anticipatory bail after being implicated in a case (Harnaut P.S. Case No. 446 of 2025) for alleged assault on her minor daughter that allegedly led to the child's death. The prosecution alleged that the assault caused a stomach injury, resulting in intestinal perforation and the child's demise. The petitioner claimed innocence and lack of intent to cause death, but the court noted the fatal outcome and the seriousness of the offense. The court expressed sympathy for the victim but concluded that no relief could be granted. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged assault and death of a minor.

Legislation cited

  • BNS — s. 103(1)

Subjects

  • anticipatory bail
  • assault
  • death of minor
  • criminal procedure
  • section 103(1) BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90684 of 2025
                      Arising Out of PS. Case No.-446 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Lalita Devi S/O Naresh Yadav @ Naresh Kumar R/o - Dihri, P.S - Harnaut,
                 District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-01-2026                  Heard, Mr. Pankaj Kumar learned counsel for the

                   petitioner, the State as also Ms. Pratibha Gupta representing the

                   respondent.

                                2. The petitioner is apprehending his arrest in

                   connection with Harnaut P.S. Case No. 446 of 2025 for the

                   offence under section 103(1) of the BNS lodged on 23.09.2025

                   by the informant, Anil Kumar.

                                3. As per the prosecution story, the informant alleged

                   that the sole petitioner, on petty issue, assaulted on the stomach

                   of his minor daughter. In the night when she started vomiting,

                   was rushed to the hospital. Ultimately, after fighting the battle

                   for life, she succumbed to the injuries. This led to the FIR.

                                4. Though learned counsel for the petitioner tried to

                   impress upon this Court about the innocence of the lady as also
          Patna High Court CR. MISC. No.90684 of 2025(2) dt.15-01-2026
                                                      2/2




                    that there was no such intention which caused the unfortunate

                    incident, learned counsel for the informant has taken this Court

                    to the learned Sessions Judge order to show that the assault on

                    the stomach led to the perforation of the intestine as a result

                    whereof, the minor girl left this world.

                                 5. This Court do not have words to explain the pain. A

                    minor girl, who otherwise would have seen decades of life has

                    to leave left this world untimely. Whatever may be the reason,

                    the lady is the cause of her death. In that background, no relief

                    can be extended to her.

                                 6. The anticipatory bail application stands rejected.

                                 7. Before parting, this Court would like to put on

                    record its word of appreciation for Ms. Pratibha Gupta for the

                    assistance rendered in the matter.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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