Patna High Court
Lalendra Prasad @ Narendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 80(2)
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
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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
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(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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