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Patna High Court

Anurath Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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