Patna High Court
Lilawati DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed as there is no ground to review the earlier order.
Summary
The petitioner, Lilawati Devi, sought regular bail in a criminal case (PS Case No. 67 of 2025) under Sections 84 and 143(2) of the Bharatiya Nyaya Sanhita, alleged to be the main accused in a woman‑trafficking offence. The trial had progressed minimally, with only one of seven witnesses examined. The petitioner’s earlier bail application had been rejected on 16‑07‑2025, and this was a second attempt. The Court considered the Supreme Court’s decision in Pinki v. State of U.P. & Anr. (2025 INSC 482) and found no merit to revisit its prior order. Consequently, the bail application was dismissed and the trial was directed to be concluded within six months. The decision underscores the Court’s adherence to precedent and the seriousness of trafficking charges.
Issues considered
- Whether the petitioner is entitled to regular bail in a case of alleged woman‑trafficking under the Bharatiya Nyaya Sanhita.
- Whether the earlier bail denial can be reviewed in light of the progress of the trial.
- Whether the Supreme Court precedent in Pinki v. State of U.P. applies to the present bail application.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 143(2), 84
Subjects
- bail
- trafficking of women
- Bharatiya Nyaya Sanhita
- criminal procedure
- Supreme Court precedent
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9770 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Lilawati Devi W/o- Rishideo Kushwaha Resident Of Shiswa Khurd, Ps-
Mairwa, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Dwivedi, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Mairwa P.S. Case No.
67 of 2025 registered for the offence under Sections 84, 143(2)
of the B.N.S. Earlier the bail application of the petitioner was
rejected vide order dated 16.07.2025 passed in Cr. Misc. No.
43803 of 2025 which reads as under:-
Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection
with Mairwa P.S. Case No. 67 of 2025 registered for the
offence punishable under Sections 84 and 143(2) of the
Bharatiya Nyaya Sanhita.
3. The petitioner is the main accused of the
case. She has enticed the victim and took her away to
Uttar Pradesh where she along with the other co-
Patna High Court CR. MISC. No.9770 of 2026(2) dt.16-02-2026
2/2
accused i.e., Munna Patel and others got her married to
one Lavkesh. It is a case of trafficking of woman.
4. This application is dismissed in view of the
judgment of the Hon’ble Supreme Court in the case of
Pinki vs. State of U.P. & Anr. reported as 2025 INSC
482 = 2025 SCC OnLine SC 781.
5. The Court below is directed to expedite the
trial and conclude the same within six months.
3. It has been submitted by the learned counsel for the
petitioner that the trial is progressing and only one out of seven
witnesses have been examined.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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