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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail could not be granted to the petitioner.

Summary

Lalita Devi, the wife of Kari Yadav, applied for anticipatory bail in a murder case where her husband and his son Bijay Kumar were alleged to have killed Rajdeep Kumar in their house. The FIR charges under Sections 103(1), 61(2) and 3(5) of the BNS, 2023. The petitioner claimed she was unaware of any plan to murder and that she is an elderly woman with no direct allegation against her. The State argued that the murder was motivated by an illicit relationship between the deceased and the petitioner, indicating her involvement. Considering the gravity of the offence, the seriousness of the charges and the petitioner’s presence in the FIR, the court declined to grant anticipatory bail. The application for anticipatory bail was therefore rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail given the allegations and seriousness of the offence
  • Whether the petitioner’s alleged involvement and the gravity of the charges preclude the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • BNS 2023
  • gravity of offence
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9435 of 2026
                        Arising Out of PS. Case No.-47 Year-2025 Thana- Bhatni District- Madhepura
                 ======================================================
                 Lalita Devi Wife of kari yadav Resident of village- Barahkurwa, Ward no. 15,
                 Ps- Bhatni, Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Chand Prasad
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   28-04-2026                      1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                    2. This application, for grant of anticipatory bail,

                   arises out of Bhatni Police Station Case No. 47 of 2025,

                   disclosing offences under Sections 103(1), 61(2), 3(5) of the

                   BNS, 2023.

                                    3. As per the FIR, on 04.09.2025, Rajdeep Kumar,

                   son of the informant, was called by Bijay Kumar, son of Kari

                   Yadav, to his home in the night and was asked to stay in the

                   night and after taking meal, the deceased stayed in the house of

                   the accused persons. So it has been alleged that in the night,

                   head of the deceased was cut through sharp cutting weapon and

                   the accused persons tried to conceal the dead body. However,

                   the neighbor woke up and informed the police and the dead body
Patna High Court CR. MISC. No.9435 of 2026(3) dt.28-04-2026
                                            2/3




          was recovered.

                          4. Learned counsel for the petitioner submits that

          the petitioner is wife of Kari Yadav and there was friendship

          between co-accused Bijay Kumar and the deceased Rajdeep

          Kumar who stayed on the date of occurrence in the house of the

          petitioner. Petitioner, being a lady, was not aware about the plan

          of her son and her husband to kill Rajdeep Kumar in the night.

          The petitioner is an old lady and there is no direct allegation

          against her to connect her with the present offence.

                          5. Learned counsel for the state, on the other hand,

          argued that during course of investigation, it has come to light

          that there was illicit relationship between the deceased and the

          wife of co-accused Kari Yadav for the last five years. The

          deceased had also given a sum of Rs. 2 lacs to Bijay Kumar for

          construction of house. On the date occurrence, while the

          deceased was returning back after irrigating his field in the night

          at about 2:30 am, he entered into the house of the co-accused

          Bijay Kumar and there all the family members have killed the

          deceased Rajdeep Kumar. The murder has been committed by

          the accused persons due to illicit relationship between wife of

          Kari Yadav and the deceased.

                          6. Having regard to the submissions made on
           Patna High Court CR. MISC. No.9435 of 2026(3) dt.28-04-2026
                                                       3/3




                     behalf of the parties and taking into consideration the gravity of

                     offense and the severity of punishment and the petitioner is

                     named in the FIR and during course of investigation, it has

                     come that the deceased was killed in the house of the accused

                     persons, accordingly, I am not inclined to grant the petitioner

                     privilege of anticipatory bail.

                                     7. This application is, accordingly, rejected.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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