Patna High Court
Lalita Karn @ Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 82
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
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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
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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
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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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