Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
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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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