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Patna High Court

Laxmi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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