Patna High Court
Laxmi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Laxmi Kumar, sought anticipatory bail fearing arrest in a case (Goraul, Case No. 326 of 2024) filed under Sections 137(2), 96, 3(5) of the BNS after an informant alleged his daughter's disappearance and implicated the petitioner. The petitioner contended that he and the girl were in a consensual relationship, had married privately, and had a child, and that the girl later affirmed her voluntary departure in an affidavit under Section 183 of the BNS. The prosecution maintained the allegations of abduction and wrongdoing. The court, after considering the submissions and the girl's affidavit, decided to grant anticipatory bail under Section 438(2) of the Criminal Procedure Code, imposing standard bail conditions and additional safeguards. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations of kidnapping and abduction.
- Whether the affidavit of the alleged victim and the nature of the relationship affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable (BNS) — s. 137(2), 183, 3(5), 96
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- BNS
- kidnapping allegation
- relationship and marriage
- bail conditions
- affidavit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10317 of 2026
Arising Out of PS. Case No.-326 Year-2024 Thana- GORAUL District- Vaishali
======================================================
Laxmi Kumar S/o- Rajgir Rai Village- Chakhaneef Dullahpur PS- Goraul
Kathara O P, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Suryadev Ray, S/O- Nirsan Ray R/O Vill- Chakhanif Dullahpur, P.S.-
Kathara, district- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-06-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Goraul (Kathara O.P) Case No. of 326 of 2024 instituted
under Sections 137(2), 96, 3(5) of the BNS lodged on
23.08.2024 by the informant, Suryadev Rai.
3. As per the prosecution story, the informant alleged
that his daughter went missing and later came to know that the
petitioner along with family members are behind her
disappearance. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
both the petitioner and the girl were in relationship, went on
their own, got married and they have a child out of the wedlock.
Patna High Court CR. MISC. No.10317 of 2026(5) dt.17-06-2026
2/3
Further, she narrated before the concerned Magistrate under
section 183 of BNSs that she went on her own.
5. In this case, a coordinate bench had issued notice to
opposite party no.2 and as per the service report dated
24.04.2026, it was validly served upon him. However, there is
no appearance on his behalf.
6. The second point that this Court has noted is the
affidavit that has been put on record by the girl herself.
7. Learned APP opposes the prayer submitting that
there is allegation against this petitioner.
8. Taking into account the submissions of the parties
as also the material on record as observed above, in that
background, this Court is inclined to extend her the privilege of
anticipatory bail.
9. Let the petitioner be released on bail, in the event
of her arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Goraul (Kathara O.P)
Case No. of 326 of 2024 to the satisfaction of learned
A.C.J.M.-1st, Vaishali at Hajipur subject to the conditions as
laid down under Section 438(2) of the Cr.P.C. as also the other
Patna High Court CR. MISC. No.10317 of 2026(5) dt.17-06-2026
3/3
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document(Aadhar Card/Driving License/Voter ID/Pan Card etc.)
to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Ravi/Shivangi
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.