Patna High Court
Anurath Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, considering the voluntary nature of the alleged act, the petitioner’s clean antecedent, and the charge sheet filing, bail should be granted subject to the conditions of Section 480(3) of the B.N.S.S.
Summary
The petitioner, Anurath Kumar Yadav, was arrested in connection with a case registered under Sections 140(3) and 87 of the B.N.S.S. after the informant’s daughter, who was alleged to be missing, claimed she had voluntarily left her home and married the petitioner. The daughter, a major, gave a statement before the magistrate confirming the marriage and expressed her wish to stay with the petitioner; a medical report corroborated that she was over 18 years of age. The petitioner asserted his innocence, highlighted his clean antecedent, and noted that a charge sheet had already been filed. The State opposed bail, but the court, considering the voluntary nature of the daughter’s act, the petitioner’s clean record, and the procedural stage of the case, ordered bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. The bail order was subject to compliance with attendance requirements and possible cancellation on breach.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 140(3) and 87 of the B.N.S.S. given the facts.
- Whether the alleged act of the informant’s daughter constitutes a voluntary act that negates the applicability of the offences.
- Whether the petitioner’s clean antecedent and the filing of a charge sheet justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 140(3), 480(3), 87
Subjects
- bail
- criminal procedure
- Section 140(3)
- Section 87
- B.N.S.S.
- voluntary act
- charge sheet
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6041 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- BAISI District- Purnia
======================================================
Anurath Kumar Yadav Son of Suryanand Yadav Resident of Mohalla -
Gawalgaon, Police Station - Baisi, District - Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Upin Yadav Son of Laxmi Yadav Resident of Gram - Gawalgaon, Police
Station - Baisi, District - Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Baisi P.S. Case No. 48 of 2025 registered for
the alleged offences under Sections 140(3) and 87 of BNS.
03. As per prosecution case, the daughter of the
informant went missing from her house and the informant came
to know about the petitioner, who was in touch with his
daughter through mobile phone.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and no offence has been committed by the petitioner. The
Patna High Court CR. MISC. No.6041 of 2026(2) dt.04-02-2026
2/3
daughter of the informant is major and she solemnized marriage
with the petitioner as they were having an affair. The daughter
of the informant is legally wedded wife of the petitioner and her
statement was recorded before the learned Magistrate where she
stated that she left with him on her own and solemnized
marriage with the petitioner and she expressed her wish to go
with the petitioner. Learned counsel further submits that the
medical report of the victim girl shows she was aged more than
18 years. The petitioner is having clean antecedent. The
petitioner is in custody since 16.03.2025 and charge sheet has
been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
voluntary nature of act of the daughter of the informant stated to
be a major girl and also considering the period of custody of the
petitioner, his clean antecedent and submission of charge sheet,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, POCSO, Purnea /concerned Court in connection
Patna High Court CR. MISC. No.6041 of 2026(2) dt.04-02-2026
3/3
with Baisi P.S. Case No. 48 of 2025, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…