Patna High Court
Lakho khan @ Md. Lakho khan @ Akhlakh KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that the victim’s voluntary statement and the petitioner’s clean record warranted release on bail.
Summary
Lakho Khan was arrested in connection with a case alleging kidnapping of a minor girl, charged under IPC sections 363, 366, 504, 506 and 34. The prosecution claimed he abducted the informant’s daughter, but the victim’s statement under Section 164 CrPC indicated she had voluntarily gone with him, married him in Gurgaon and lived as his wife. The petitioner’s counsel argued that the victim’s voluntary conduct negated the kidnapping allegation, that the petitioner had no prior criminal record and had been in custody since December 2025. The State opposed bail, but the court, after considering the victim’s statement, lack of medical examination, and the petitioner’s clean record, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite charges of kidnapping and related offences under the IPC
- Whether the victim’s voluntary statement under Section 164 CrPC negates the alleged kidnapping
- Whether the petitioner’s lack of prior criminal record and custodial duration justify bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366, 504, 506
Subjects
- bail
- kidnapping
- IPC
- CrPC
- minor
- false implication
- voluntary statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13510 of 2026
Arising Out of PS. Case No.-81 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Lakho khan @ Md. Lakho khan @ Akhlakh Khan, Son of Kadir Khan @ Md.
Kadir Khan, R/o – Mahadeomath, Ward No.1, P.S - Andhramath, District –
Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y R/o - Dharhara, Ward No.9, PO- Mahadeomath, P.S -
Andhramath, District - Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Andhramath P.S. Case No. 81 of 2024 registered for the
offence punishable under Sections 363, 366, 504, 506 and 34 of
the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.13510 of 2026(3) dt.15-04-2026
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case. During course of investigation, the victim was recovered
and she has given her statement under Section 164 of the Cr.P.C.
wherein she has stated that she has gone alone to Bhutaha
Chauk. There, she met Lakho and from there, they went to Delhi
by bus. They have solemnized marriage in Gurugram in a
temple and they were living as husband and wife in a rented
house. It has further been submitted that from perusal of the
case diary, it will transpire that the victim has denied her
medical examination. The allegation against the petitioner is that
he has kidnapped the minor daughter of the informant but from
perusal of the statement of the victim, it is clear that she has
gone on her own will. It has further been submitted that
petitioner is having no criminal antecedent and he is languishing
in judicial custody since 12.12.2025.
5. The application for bail is vehemently opposed by
learned APP for the State.
6. Having heard learned counsel for the parties and
considering the above facts and circumstances of the case, this
Court is inclined to enlarge the petitioner on bail. The above
named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.13510 of 2026(3) dt.15-04-2026
3/3
S.D.J.M., Jhanjharpur in connection with Andhramath P.S. Case
No. 81 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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