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Patna High Court

Laxmi DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted and dismissed the bail application.

Summary

Laxmi Devi, the petitioner, was charged under Sections 127(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping a minor girl, confining her for the purpose of trafficking and illicit intercourse. The petitioner sought regular bail, arguing that the victim’s statement during trial supported her innocence and that co‑accused had been granted bail. The Court, relying on the seriousness of the allegations involving a minor and on Supreme Court precedents (Pinki v. State of Uttar Pradesh, 2025 and X v. State of Rajasthan, 2024), rejected the victim’s statement as a basis for bail and dismissed the bail application. The trial court was directed to expedite the trial. The earlier bail denial dated 30‑07‑2025 was reaffirmed.

Issues considered

  • Whether regular bail should be granted to an accused of kidnapping, human trafficking and sexual offences against a minor under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the victim’s statement supporting the petitioner can be considered in deciding bail.
  • How the Supreme Court judgments in Pinki v. State of Uttar Pradesh (2025) and X v. State of Rajasthan (2024) affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • human trafficking
  • sexual offences
  • minor
  • Bharatiya Nyaya Sanhita
  • victim statement
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12472 of 2026
                    Arising Out of PS. Case No.-20 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
                 Laxmi Devi Wife of Late Ram Pukar Rai Resident of Village - Senduyari,
                 P.S.- Sadar, District - Vaishali.
                                                                          ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2.        This is the second attempt on behalf of the

                   petitioner for grant of regular bail in connection with Mahila

                   P.S. Case No.20 of 2025 registered for the offence under

                   Sections 127(2), 140(3), 3(5) of the B.N.S., 2023.

                                    3.        Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 30.07.2025 passed in Criminal

                   Miscellaneous No.45251 of 2025. The aforesaid order dated

                   30.07.2025 reads as under:-

                                              “Heard the learned counsel for the
                                    petitioner and learned APP for the State.
                                              2. The petitioner seeks regular bail
                                    in connection with Mahila P.S. Case No. 20
                                    of 2025 registered for the offence under
                                    Sections 127(2), 140(3), 3(5) of the
Patna High Court CR. MISC. No.12472 of 2026(2) dt.23-02-2026
                                            2/3




                          Bharatiya Nyaya Sanhita, 2023.
                                  3. As per the prosecution case, the
                          petitioner is accused of kidnapping the
                          minor daughter of the informant and
                          confining her in a room with intent for
                          trafficking and illicit intercourse.
                                  4. Learned counsel for the petitioner
                          submits that petitioner is innocent and has
                          not committed any offence. Petitioner is in
                          custody      since      26.3.2025.   He   further
                          submits that the victim had left her house
                          on her own.
                                  5. Learned A.P.P. has vehemently
                          opposed the prayer for bail.
                                  6. Though the victim had left her
                          house on her own but the petitioner and
                          two other females took the victim to their
                          home where she was drugged and sexual
                          acts were committed with her. The victim is
                          a minor. It appears to be a case of human
                          trafficking.
                                  7. Considering the aforesaid, I am
                          not inclined to grant regular bail to the
                          petitioner. Accordingly, this application for
                          regular bail is hereby dismissed.
                                  8. The Trial Court is directed to
                          expedite the trial in light of the judgment of
                          the Hon’ble Supreme Court in the case of
                          Pinki Vs. State of Uttar Pradesh, 2025
                          SCC OnLine SC 781.”

                          4.      Learned counsel for the petitioner submits
          Patna High Court CR. MISC. No.12472 of 2026(2) dt.23-02-2026
                                                      3/3




                    that in the trial the victim has been examined and she has given

                    a statement which supports the petitioner and further the co-

                    accused have been granted bail and on these grounds, the

                    petitioner deserves bail.

                                    5.      Considering the nature of allegation levelled

                    against the petitioner and also the law laid down by the Hon’ble

                    Supreme Court in the case of X vs. State of Rajasthan reported

                    as 2024 SCC OnLIne SC 3539, I am not inclined to consider the

                    statement of the victim girl. Accordingly, this bail application is

                    dismissed. The trial court is directed to expedite the trial and

                    conclude the same at the earliest.


                                                            (Sandeep Kumar, J)

pawan/-

U


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