Patna High Court
Laddu Kumar @ Laddu ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to stringent conditions.
Summary
Laddu Kumar (Thakur) was arrested in connection with a case alleging kidnapping of a minor girl for the purpose of marriage, charged under Sections 137(2) and 96 of the B.N.S. and Section 8 of the POCSO Act. The prosecution claimed the girl was abducted, while the petitioner argued that the girl voluntarily went with him and married of her own free will, as reflected in her statement under Section 183 of the B.N.S.S. The petitioner, already on bail for five prior offences, sought bail for the current charges. The State opposed the bail, but no opposition was filed on behalf of the second respondent. Justice Sourendra Pandey considered the facts, the victim’s statement, and the petitioner’s criminal antecedents, and ordered bail on the condition of a Rs.10,000 bond, two sureties, and several strict compliance requirements, including regular reporting to the Superintendent of Police and no contact with the victim. The bail order was granted subject to these conditions.
Issues considered
- The applicability of bail in offences under Sections 137(2) and 96 of the B.N.S. and Section 8 of the POCSO Act
- Whether the victim's voluntary statement under Section 183 of the B.N.S.S. negates the kidnapping allegation
- The impact of the petitioner's prior criminal antecedents on the grant of bail
Legislation cited
- B.N.S. — s. 137(2), 96
- B.N.S.S. — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- POCSO Act
- minor
- marriage
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71234 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Kumarbagh District- West Champaran
======================================================
Laddu Kumar @ Laddu Thakur Son of Nand Kishor Thakur Resident of
Village - Ugrashen Tola, Kudwa Mathiya, P.S.- Kumarbagh, District - West
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Santosh Kushwaha Son of Ramprit Kushwaha Resident of Village -
Ugrashen Tola, Kudwa Mathiya, P.S.- Kumarbagh, District - West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
Mr. Sitesh Kashyap, Adv.
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 07-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Kumarbagh P.S. Case No. 86 of 2025 dated 18.05.2025 registered
for the offences punishable under Sections 137(2) and 96 of the
B.N.S. and Section 8 of the POCSO Act.
3. As per the prosecution case, the informant has
alleged that her minor daughter used to visit the house of Nand
Kishor Thakur. On 15.05.2025 at around 12.30 P.M., the
informant’s neighbours namely, Laddu Thakur (petitioner), Geeta
Devi and Nand Kishor Thakur kidnapped her daughter for the
Patna High Court CR. MISC. No.71234 of 2025(5) dt.07-01-2026
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purpose of marriage. It is further alleged that the accused persons
earlier had threatened the informant to kidnap her daughter.
4. Learned counsel for the petitioner submits that the
allegation of kidnapping is false and concocted one. It is a case of
love affair and such fact is corroborated from the statement of the
victim girl made under Section 183 of the B.N.S.S., wherein she
has stated that she had gone along with Laddu Thakur (petitioner)
out of her own sweet will and she had also solemnized marriage
with the petitioner. She has further stated in her statement that she
was not a allured by the petitioner and was not taken away for the
marriage ; even she was married with Laddu Thakur (petitioner)
out of her own sweet will and no physical relationship was made
with the petitioner. It has next been submitted that the victim has
been sent to Children Home, Motihari as her parents showed
unwillingness to take her back to home. It has lastly been
submitted that the petitioner has five criminal antecedents in
which he is on bail and the petitioner is in custody since
22.05.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner. Despite the service of notice, nobody has
appeared on behalf of the O.P. No. 2 to oppose the prayer for bail
of the petitioner.
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6. Considering the facts and circumstances of the case,
the petitioner is directed to be released on bail on his furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Bettiah, West Champaran in connection with
Kumarbagh P.S. Case No. 86 of 2025, subject to the following
terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent of
the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
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petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Bettiah, West Champaran within fifteen (15) days of his release with
a copy of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner with be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail of
the petitioner for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the petitioner
before the Court concerned.
(vii) The petitioner shall be refrained from meeting with
the victim or her family during the pendency of the trial.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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