Created by Fuzzy Cloud

Patna High Court

Laltu MukhiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.