Patna High Court
Laxmina DeviversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
The petitioner, Laxmina Devi, applied for regular bail in a case (Kudra PS Case No. 35/2025) involving alleged kidnapping and murder of a two‑year‑old child, with charges under Sections 137(2), 140(1), 103(1), 62(2), 238(a) and 3(5) of the B.N.S. The prosecution alleged that the petitioner participated in the kidnapping and killing, while the petitioner’s counsel argued that the petitioner was falsely implicated and had no prior criminal record, offering to cooperate with the investigation. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences. The Court, after considering the gravity of the alleged crimes, declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving kidnapping and murder under the B.N.S. provisions.
Legislation cited
- B.N.S. — s. 103(1), 137(2), 140(1), 238(a), 3(5), 62(2)
Subjects
- bail
- kidnapping
- murder
- serious offences
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68384 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Laxmina Devi W/O Awadhesh Pal Resident of Village- Lalapur, Kudra Ward
No.- 02, P.S.- Kudra, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey, Advocate
For the Informant : Ms. Kiran Kumari, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Kudra
P.S. Case No. 35/2025 registered for the offences punishable
under Sections 137(2)/ 140(1)/ 103(1)/ 62(2)/ 238(a)/ 3(5) of
B.N.S.
3. As per the prosecution case, two-year old child was
kidnapped and killed by the petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that on the confessional statement of the
petitioner, the recovery of the body of the deceased was made.
Petitioner has no criminal antecedent and he is in custody since
Patna High Court CR. MISC. No.68384 of 2025(6) dt.30-03-2026
2/2
06.02.2025. 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.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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