Patna High Court
Indradeo Yadav @ Santosh Kumar @ SantoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Indradeo Yadav, was arrested in connection with a POCSO case alleging abduction and sexual offences under Sections 363, 366A, 365 of the Indian Penal Code and Sections 6 and 8 of the POCSO Act. He had been in custody since 12 July 2024. He contended that he was falsely implicated and pointed out that the main accused, Kundan Yadav, had already been granted bail by a coordinate bench of the same court. The learned counsel argued that the petitioner’s role was minimal and that bail was appropriate. After considering the claim of false implication and the precedent of bail to the co‑accused, the court allowed the bail application, directing the petitioner to furnish a Rs 10,000 bond with two sureties. The petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and POCSO Act
- Whether the claim of false implication and the prior bail to the co‑accused affect the bail decision
Legislation cited
- Indian Penal Code — s. 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 6, 8
Subjects
- bail
- POCSO Act
- kidnapping
- false implication
- Indian Penal Code
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11163 of 2025
Arising Out of PS. Case No.-193 Year-2024 Thana- SAUR BAZAR District- Saharsa
======================================================
Indradeo Yadav @ Santosh Kumar @ Santosh Son of Late Shital Yadav
village- Sisai Agwanpur Ps and Dist- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Indradevo yadav son of Late Dukha Yadav village- Ward no. 9, Police shivir
Pastar Morkahi , Ps- Saur Bazar, Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Saur Bazar P.S. Case No. 193 of 2024 corresponding to Special
POCSO Case No. 68 of 2024 registered for the offence under
Sections 363, 366A, 365 of the Indian Penal Code and under
Section 6 and 8 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are said to have abducted the victim girl.
4. The petitioner is in custody since 12.07.2024.
5. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case. He further
Patna High Court CR. MISC. No.11163 of 2025(7) dt.16-04-2026
2/2
submits that the main accused in this case is one Kundan Yadav,
who has got married to the victim and has already been granted
bail by a co-ordinate Bench of this Court vide order dated
15.04.2025 passed in Cr. Misc. No. 68606 of 2024.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Saur
Bazar P.S. Case No. 193 of 2024 corresponding to Special
POCSO Case No. 68 of 2024.
(Sandeep Kumar, J)
Vikas/-
U
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