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Patna High Court

Daharu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is eligible for bail, subject to a bond and verification of antecedents, as the alleged conduct does not constitute a non‑bailable offence under the cited sections.

Summary

The petitioner, Daharu Yadav, was apprehended for alleged kidnapping and involvement in a marriage of the informant's daughter under Sections 140(1) and 3(5) of the B.N.S. The informant claimed his daughter was taken by the petitioner's son, Rishu Yadav, with the petitioner's assistance, while the petitioner argued the matter was a consensual love affair and he had no role. The victim’s statement under Section 183 of the B.N.S.S. indicated a voluntary relationship and denied any sexual assault, though her age was between 17 and 19. The court noted the existence of a love affair and a marriage ceremony but found no evidence of forcible kidnapping or assault that would render the offence non‑bailable. Consequently, the court ordered bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the B.N.S.S. The bail order was conditioned on prompt surrender if arrested within six weeks.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of kidnapping and participation in a marriage of a minor under Sections 140(1) and 3(5) of the B.N.S.
  • Whether the consensual nature of the relationship and the victim’s statement under Section 183 of the B.N.S.S. negate the seriousness of the alleged offences.
  • Whether bail can be granted subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage of minor
  • love affair
  • Section 140
  • Section 3
  • Section 183
  • Section 482
  • criminal antecedent
  • consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13442 of 2026
                   Arising Out of PS. Case No.-139 Year-2025 Thana- Shivnarayanpur District- Bhagalpur
                 ======================================================
                 Daharu Yadav S/o- Late Kapil Yadav VIll- Ramjanipur PS-Shivnarayanpur
                 District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                                          :        Mr. Manoj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   01-04-2026                         Heard the learned counsel for the petitioner, the

                   learned counsel for the informant and the learned APP for the

                   State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Shivnarayanpur P.S. Case No. 139 of 2025, for

                   allegedly having committed offence under Sections 140(1) and

                   3(5) of the BNS.

                                   3. As per the prosecution story, the informant

                   alleged that on 11.09.2025, his daughter went to coaching

                   institute at 03:30 P.M. but did not return. The informant raised

                   suspicion that the petitioner, his son, namely, Rishu Yadav and

                   Subodh Yadav have kidnapped his daughter.

                                   4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.13442 of 2026(3) dt.01-04-2026
                                            2/3




          that there was a love affair in between the victim girl and the

          son of the informant, and the petitioner has got no concern with

          the same. The victim girl in her statement under Section 183 of

          the B.N.S.S. stated that she was in love with Rishu Yadav for

          the last two years and Rishu Yadav took her to Sahebganj where

          he performed marriage with her and the petitioner was also

          present there. The petitioner has got one another case pending

          against him, in which he is on bail.

                          5. The learned counsel for the informant and the

          APP for the State vehemently opposes the prayer for bail of the

          petitioner and submits that the son of the petitioner forcefully

          took the victim girl and performed marriage with the help of the

          petitioner. The daughter of the informant was kidnapped by

          Rishu Yadav with the help of the petitioner and he has got

          criminal antecedent.

                          6. Having heard the learned counsel for the parties,

          it appears that there was a love affair in between the daughter of

          the informant and the son of the petitioner for the last two years,

          therefore, Rishu Yadav took her to Sahebganj and performed

          marriage. In her statement under Section 183 of the BNSS, the

          victim girl has denied any sexual assault and has only alleged

          that while marriage was being performed, the petitioner was
           Patna High Court CR. MISC. No.13442 of 2026(3) dt.01-04-2026
                                                       3/3




                     also there. Further, her age has been assessed in between 17 to

                     19 years. Considering the facts and circumstances of the case,

                     let the petitioner, above named, in the event of arrest or

                     surrender within a period of six weeks, 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

                     A.C.J.M.-IX, Bhagalpur in connection with Shivnarayanpur P.S.

                     Case No. 139 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the B.N.S.S., with further condition:

                                  (1) The learned Court concerned 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 court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T


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