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Patna High Court

Lalendra Prasad @ Narendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

Lalendra Prasad and his wife Vimla Devi sought anticipatory bail after being implicated in Hilsa Police Station Case No. 487 of 2025 for alleged assault and dowry‑related killing of a deceased woman, offences charged under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they were the in‑laws of the deceased and participated in her murder, while the defence argued the deceased died from a fall and subsequent medical complications, and that the child of the deceased was residing with the petitioners. The State opposed bail. The High Court, applying Section 482(2) of the BNSS, allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties and imposing a condition that the lower court verify whether the deceased’s child is staying with the petitioners before accepting the bonds.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged dowry‑related homicide under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the fact that the deceased’s child is residing with the petitioners is a material condition for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3
  • Section 482
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90832 of 2025
                        Arising Out of PS. Case No.-487 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
           1.     Lalendra Prasad @ Narendra Prasad Son of R/o Vill. - Teka Bigha, P.S. -
                  Hilsa, Dist - Nalanda.
           2.    Vimla Devi @ Vimala @ Lila Devi Wife of Lalendra Prasad @ Narendra
                 Prasad R/o Vill. - Teka Bigha, P.S. - Hilsa, Dist - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Hilsa P.S. Case No. 487 of 2025 registered for offences under

                   Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioners are the

                   in-laws of the deceased. The allegation against the petitioners is

                   of assaulting and killing the deceased along with other co-

                   accused persons for demand of dowry.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any

                   offence. He further submits that the deceased had fallen down
Patna High Court CR. MISC. No.90832 of 2025(2) dt.28-01-2026
                                            2/3




          and she was treated initially at the local hospital and thereafter,

          she was brought to Ford hospital and subsequently she was

          refereed to PMCH where during the course of treatment, she

          died. He further submits that the only child of the deceased is

          staying with the petitioners who are looking after their grand

          child. It has also been submitted by the learned counsel for the

          petitioners that the informant has filed an application in support

          of the above contention in the Court below.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this application for anticipatory bail is allowed.

                       7. Accordingly, let the petitioners, above-named, in

          the event of their arrest or surrender within four weeks from

          today in the Court below, be released on anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each

          with two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate 1st, Hilsa,

          Nalanda /concerned Court below in connection with Hilsa P.S.

          Case No. 487 of 2025 subject to the conditions as laid down

          under Section 482(2) of the BNSS and with a further condition

          that:-
            Patna High Court CR. MISC. No.90832 of 2025(2) dt.28-01-2026
                                                        3/3




                                                          (I). At the time of accepting the
                                              bail bonds of the petitioners, the Court
                                              below shall verify the fact that whether the
                                              child of the deceased is staying with the
                                              petitioners or not. If it is found that the child
                                              of the deceased is staying with the
                                              petitioners then only the bail bonds of the
                                              petitioners shall be accepted otherwise
                                              appropriate order shall be passed by the
                                              Court below.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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