Patna High Court
Laltu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant bail to the petitioner.
Summary
The petitioner, Laltu Mukhiya, sought regular bail in a kidnapping case (PS Rajeshwari Case No. 109/2024) where he is accused under Sections 137(2), 96 and 3(5) of the B.N.S. for allegedly abducting a minor girl, who is also his sister‑in‑law. The petitioner contended that he was falsely implicated, that the victim had eloped with him, and that he has no prior criminal record, having been in custody since 26‑12‑2024. The State opposed bail, arguing that the petitioner attempted to kidnap a minor. The Court, considering the seriousness of the alleged offence, declined to grant bail and dismissed the application, though it allowed the petitioner to file a fresh bail petition after the victim’s deposition is recorded. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping a minor under Sections 137(2), 96 and 3(5) of the B.N.S.
- Whether the alleged gravity of the offence precludes the grant of regular bail.
- Whether the victim’s statement or deposition is a prerequisite for bail in this case.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 96
Subjects
- bail
- kidnapping
- minor
- criminal procedure
- false implication
- victim elopement
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23649 of 2026
Arising Out of PS. Case No.-109 Year-2024 Thana- Rajeshwari District- Supaul
======================================================
Laltu Mukhiya S/o- Ram Vilash Mukhiya Resident of Village- Khunt Ward
No. 8, P.S.- Jadiya, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o- YYY R/v- Ratansar W.No-7, Ps- Rajeshwari Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate
For the Opposite Party/s : Ms.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Rajeshwwari P.S. Case No. 109/2024 registered for the offences
punishable under Sections 137(2), 96 and 3(5) of B.N.S.
3. As per the prosecution case, petitioner is the
brother-in-law (behnoi) of the victim and he is alleged to have
kidnapped the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that the victim has eloped with the petitioner and this
has come in the statement of the victim girl. Learned counsel
further submits that he has no criminal antecedent and he is in
Patna High Court CR. MISC. No.23649 of 2026(2) dt.15-04-2026
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custody since 26.12.2024. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner
tried to kidnap a minor girl.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed with
liberty to the petitioner to renew his prayer for bail in the court
below after the deposition of the victim girl is recorded.
(Sandeep Kumar, J)
tusharika/-
U T
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