Patna High Court
Daharu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
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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
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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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