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Patna High Court

Lalita Karn @ Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The Patna High Court considered the petition of Lalita Karn, who sought anticipatory bail after an FIR was lodged against her under Sections 448, 341, 323, 354, 379, 427, 504, 506 and 34 of the Bihar Penal Code alleging robbery, assault and related offences. She argued that she has a clean record, is a woman, and that the informant’s version is implausible because she was allegedly rendered unconscious yet later managed to return home, indicating a false implication. The petitioner also pointed to a prior civil case between her husband and the informant’s husband, suggesting a retaliatory motive for the complaint. The State opposed the bail but could not effectively rebut these contentions. The Court, finding the allegations vague and the petitioner’s apprehension of arrest genuine, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under the powers conferred by Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting anticipatory bail when a Section 82 Cr.P.C. process has been issued?
  • Whether the allegations in the FIR are sufficient to deny anticipatory bail to the petitioner.
  • Whether the prior civil dispute between the parties indicates a motive for false implication, affecting the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Section 82 CrPC
  • Section 482
  • criminal procedure
  • bail conditions
  • gender
  • assault
  • robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9351 of 2026
                    Arising Out of PS. Case No.-3 Year-2023 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Lalita Karn @ Lalita Devi W/O Prabhakar Kumar Resident of Village And
                 P.O- Taraiya, P.S- Saharghat, Dist.- Madhubani.

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Shrivastava, Sr. Advocate
                                          :      Mr. Girish Pandey, Advocate
                                          :      Mr. Ram Nibash Prasad, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, A.P.P.
                 For OP No. 2             :      Mr. Shailendar Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                          Heard learned Senior Counsel for the petitioner,

                   learned counsel for the informant and learned A.P.P. for the

                   State.

                                    2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 448, 341,

                   323, 354, 379, 427, 504, 506 and 34 of BNS.

                                    3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that she along with her son on 28.10.2022

                   at 02:00 PM were going on a motorcycle to purchase jewellery

                   when they were intercepted by the accused persons and they

                   asked to hand over all the belongings, on protest, accused
Patna High Court CR. MISC. No.9351 of 2026(2) dt.24-03-2026
                                            2/4




          person Hare Ram on point of pistol threatened that her son

          would be killed. Thereafter, Priyanshu and Runa snatched

          Rs.70,000/- while Lalita and Prabhakar forced her to sign on

          two blank papers thereafter, Lalita and Runa made her

          unconscious by putting a handkerchief around her face and

          Prabhat assaulted by hammer causing injury on head and Hare

          Ram assaulted by rod causing injury on back and chest. It is

          next alleged that accused assaulted her son and followed them to

          their    house      and     again       assaulted   and   Prabhat   acted

          inappropriately with her daughter-in-law and accused persons

          took away Rs. 15,000/- and jewellery worth Rs.1,50,000/-.

                          4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that the instant FIR is based on a

          complaint case. It is next submitted that allegation as alleged in

          the FIR does not inspire confidence for the reason that it does

          not appear probable that the informant after being made

          unconscious by putting a handkerchief around her face could

          have walked back home as the informant alleges that she was

          made unconscious and thereafter she was also assaulted and the

          accused followed her and her son to the house and again

          assaulted, abused and took away the belongings. It is next
Patna High Court CR. MISC. No.9351 of 2026(2) dt.24-03-2026
                                            3/4




          submitted that the allegation against the petitioner is general and

          omnibus in nature. It is further submitted that husband of the

          instant petitioner has instituted Saharghat P.S. Case No. 217 of

          2022 against the husband of the present informant alleging that

          on pretext of giving government job, the husband of the

          informant duped the petitioner’s husband of lakhs of money and

          in the said retaliation, the instant FIR came to be instituted.

          Learned Senior Counsel further submits that process under

          Section 82 Cr.P.C. has been issued but then it is submitted that

          facts of the case is also required to be appreciated and

          anticipatory bail should not be rejected in a mechanical manner

          merely for the reason that process under Section 82 Cr.P.C. has

          been issued.

                          5. Learned A.P.P. for the State and learned counsel

          for the informant opposed the prayer for anticipatory bail of the

          petitioner but then are not in a position to rebut the submission

          of the learned Senior Counsel for the petitioner that husband of

          the petitioner had instituted Saharghat P.S. Case No. 217 of

          2022 against the husband of the informant and the informant.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender within a period of six weeks
           Patna High Court CR. MISC. No.9351 of 2026(2) dt.24-03-2026
                                                       4/4




                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Madhwapur P.S. Case No. 03 of 2023             subject to the

                     conditions as laid down under Section 482 (2) of BNSS



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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