Patna High Court

Lalit KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 438(2) CrPC and Section 482(2) BNS Act.

Summary

The petitioner, Lalit Kumar, sought anticipatory bail fearing arrest in a case (PS Dumra No.134/2025) involving alleged offences under Sections 137(2) and 96 of the Bihar Nirbhaya (BNS) Act. The FIR alleged that a 17‑year‑old girl, the informant’s daughter‑in‑law, went missing after a telephone conversation with the petitioner and later claimed she left of her own free will, expressing affection for him. The State opposed the bail, arguing the seriousness of the alleged sexual offences. The Court examined the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS Act, considering the need to balance the petitioner’s liberty with the investigation’s integrity. It ordered that, if arrested or surrendered within four weeks, the petitioner be released on anticipatory bail upon furnishing a Rs.10,000 bond and two sureties, subject to the stipulated conditions. The order effectively granted anticipatory bail with safeguards.

Issues considered

What is the applicability of anticipatory bail under Section 438 CrPC in a case involving alleged offences under Sections 137(2) and 96 of the BNS Act?
Whether the court can impose conditions under Section 482(2) of the BNS Act while granting anticipatory bail?

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 BNS Act
sexual offences
bail conditions
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51730 of 2025
                       Arising Out of PS. Case No.-134 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Lalit Kumar S/O Ashok Singh @ Ashok Kumar Resident of village-
                 Loknathpur, Ward No 08, PS- Bajpatti, Dsitrict- Sitamarhi
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Umesh Kumar R/O Village- Mishraulia, PO- Paktola, PS-Dumra, Distt-
                  Sitamarhi
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ayush Kumar, Adv.
                                                   Mr. Bhuwan Jayant, Adv.
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   11-02-2026                     Heard learned counsel for the petitioner as well as the

                   learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection with

                   Dumra P.S. Case No. 134 of 2025, registered for the offences

                   punishable under Sections 137(2)/96 of the BNS.

                                 3. The allegation in the FIR, in brief, is that the

                   informant’s daughter-in-law, aged about 17 years, has been missing

                   from her residence since 27.03.2025 at around 03:00 A.M. It is

                   alleged that on the night of 260.3.2025, prior to her disappearance,

                   she had a telephonic conversation on mobile no. 8651610105, which

                   is stated to be registered in the name of petitioner. It is further alleged

                   that she had earlier also been in contact with the said petitioner.

                                 4. The victim in her statement recorded under Section 183
           Patna High Court CR. MISC. No.51730 of 2025(3) dt.11-02-2026
                                                       2/2




                     of the BNSS says that she had love and affection with the petitioner

                     and that she went with him according to her own sweet will.

                                  5. On the other hand, learned APP for the State has

                     opposed the prayer for bail.

                                  6.    Considering       the    above-mentioned   facts   and

                     circumstances, in the event of his arrest or surrender within four

                     weeks before the learned court below, be released on anticipatory 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

                     & Additional Sessions Judge-VI-cum-Special Judge (POCSO) Act,

                     Sitamarhi in connection with Dumra P.S. Case No. 134 of 2025,

                     subject to the conditions as laid down under Section 438(2) of the

                     CrPC/482(2) of the BNSS, 2023.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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