Patna High Court

Lalita DeviversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners subject to a bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners—Lalita Devi, Priti Kumari, and Bilash Mahto—are family members of a co‑accused, Sonu Kumar, in a case alleging kidnapping of a minor girl, forced marriage, and threats to circulate obscene videos. They were charged under Sections 87, 137, 126(2), 115(2), 352 and 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners contended that they were falsely implicated merely because of their relationship to the co‑accused and that the victim’s statement did not name them. The State opposed bail, arguing the seriousness of the offences. The Court, noting the petitioners’ clean antecedent and lack of direct evidence against them, ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S. 2023, provided they surrender within eight weeks. The order effectively granted the bail petition.

Issues considered

Whether the petitioners, who are family members of a co‑accused, should be granted bail despite the serious nature of the charges under the B.N.S. 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 137, 351(2), 352, 482(2), 87

Subjects

bail
kidnapping
forced marriage
minor
clean antecedent
co‑accused
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8704 of 2026
                     Arising Out of PS. Case No.-193 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
           1.     Lalita Devi wife of Bilash mahto and Rambilash Mahto Resident Of Village-
                  Dakshini Bhadas, P.s -Gangaur, Distt. -Khagaria
           2.    Priti Kumari Daughter of Vilash Mahto Resident Of Village- Dakshini
                 Bhadas, P.s -Gangaur, Distt. -Khagaria
           3.    Bilash Mahto @ Rambilash Mahto Son of Late Biran Mahto Resident Of
                 Village- Dakshini Bhadas, P.s -Gangaur, Distt. -Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
          1.     The State of Bihar

          2.      Babita Devi, aged about 32 years (female), wife of Muni Sahni, resident of
                  village – Dakshini Bhadas, P.S. - Gangaur, District - Khagaria


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under Sections 87, 137, 126(2), 115(2),

                   352 and 351(2) of the B.N.S.

                                3. As per the prosecution case, this petitioners with

                   the help of other co-accused persons kidnapped the minor

                   daughter of the informant and forcibly solemnized marriage

                   with her on the point of threenut and threatened to make her

                   obscene videos viral.
Patna High Court CR. MISC. No.8704 of 2026(2) dt.11-02-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in this

          case. Petitioner nos. 1 is mother, petitioner no. 2 is the

          unmarried sister and petitioner no. 3 is the father of the co-

          accused person, namely, Sonu Kumar. Specific allegation of

          kidnapping of minor daughter of the informant is against co-

          accused, Sonu Kumar. The victim in her statement did not name

          these petitioners or alleged any wrong act. These petitioners

          have been made accused merely because they happen to be the

          family members of the co-accused. Petitioners claim clean

          antecedent.

                       5. Learned counsel for the State opposed the bail of

          the petitioners.

                       6. Considering the aforesaid facts, clean antecedent of

          the petitioners and other circumstances of the case, in the event

          of arrest or surrender within eight weeks from today, let the

          petitioners, as named above, be enlarged on bail on furnishing

          bail bond of Rs.10,000/-(ten thousand) each with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate-1st,       Khagaria        in    connection   with   Khagaria

          (Gangaur) P.S. Case No. 193 of 2025, subject to the conditions

          laid down under section 482(2) of the Bharatiya Nagarik
           Patna High Court CR. MISC. No.8704 of 2026(2) dt.11-02-2026
                                                       3/3




                     Suraksha Sanhita, 2023.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-

U      T

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