Patna High Court
Laxmi Kumari @ Laxmi RatreversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to conditions.
Summary
Laxmi Kumari was arrested on 4 December 2025 in connection with FIR dated 3 December 2025 (Case No. 676 of 2025) alleging offences under the BNS 2023, POCSO Act, Juvenile Justice Act and the Banded Labour System (Abolition) Act. The prosecution alleged that she called girls to dance in an orchestra, leading to their arrest, and charged her with multiple sections of the aforementioned statutes. The petitioner pleaded that she has a clean antecedent, the allegations are false and fabricated, and that no specific charge against her is mentioned in the FIR; she also pointed to a similar co‑accused who had been granted bail. The State opposed the bail application. Considering the petitioner’s clean record and lack of specific allegation, the Court granted bail on a Rs 10,000 bond with two sureties and imposed conditions for cooperation, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the allegations under multiple statutes and her claim of clean antecedent
- Whether the lack of a specific allegation in the FIR warrants bail
Legislation cited
- BNS, 2023 — s. 111(4), 143(2), 145, 3(5), 74
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 8
Subjects
- bail
- criminal procedure
- POCSO Act
- Juvenile Justice Act
- Banded Labour System (Abolition) Act
- clean antecedent
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4036 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Laxmi Kumari @ Laxmi Ratre Daughter of Santram Resident of village-
Mahasmuh (Mhasamund), Ps- Mahasmuh (Mhasamunud), dist- Chhatisgrah
At Present Add- Wife of Lokesh Sahu, R/O Gulab Nagar, Gudhiyari, Raipur,
Ps- Gudhiyari, dist- Raipur (Chhatisgarh)
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. XXX son of Late Chhathulal Karan Resident Of Village- At Present SHO
Rajgit Ps, Rajgir, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Police is the informant in this case and hence no notice
is required to be sent.
2. Heard Mr. Ranjeet Kumar Mishra, learned counsel
for the petitioner and Mr. Binod Kumar, learned A.P.P. for the
State.
3. The petitioner seeks bail, who is in custody since
04.12.2025 in connection with Rajgir P.S. Case No. 676 of 2025,
F.I.R. dated 03.12.2025 registered for the offence punishable under
Sections 143(2), 145,74,111(4),3(5) of BNS, 2023, Section 8 of
POCSO Act, Sections 75/79 of J.J. Act and Section 16,17 and 18
of the Banded Labour System (Abolition) Act, 1976.
4. Allegation against the petitioner is that she along with
Patna High Court CR. MISC. No.4036 of 2026(2) dt.28-01-2026
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other person called the Girls for dancing in Orchestra who were
arrested from the place of occurrence.
5. Learned counsel appearing for the petitioner submits
that the petitioner has clean antecedent. The allegation as alleged
in the FIR is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR. Petitioner has been
made accused in the present case merely on the ground that the she
is part and parcel of the said Orchestra Group, apart from the
aforesaid, there is no specific allegation against the petitioner in
the FIR, only allegation against the petitioner is that she called the
Girls for dancing in Orchestra who were arrested from the place of
occurrence. He further submits that similarly situated co-accused
person namely Satya Kure @ Soni has been granted bail by this
Court vide order dated 21.01.2026 passed in Cr. Misc. No. 3383 of
2026 and the petitioner is in custody since 04.12.2025.
6. Learned APP for the State has opposed the prayer for
bail of the petitioner.
7. Considering the aforesaid fact, petitioner has clean
antecedent and there is no specific allegation against the petitioner
in the FIR, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
District Judge-VII-cum- Special Judge, POCSO, Biharsharif,
Patna High Court CR. MISC. No.4036 of 2026(2) dt.28-01-2026
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Nalanda in connection with Rajgir P.S. Case No. 676 of 2025, with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his/her absence on two consecutive dates without sufficient reason,
his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed her criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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