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Patna High Court

Lilawati DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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