Patna High Court
Lalu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The anticipatory bail petition was dismissed as the victim’s statement under Section 164 specifically implicated the petitioner.
Summary
The petitioner, Lalu Kumar Yadav, was named in an FIR for alleged kidnapping and assault of an 18‑year‑old student, alleged to have been taken to Nepal and beaten. The victim’s statement recorded under Section 164 of the Criminal Procedure Code specifically implicated the petitioner and a co‑accused. The petitioner filed an anticipatory bail application, arguing lack of sufficient evidence. The court examined the victim’s recorded statement and the seriousness of the allegations under Sections 365 and 34 of the Indian Penal Code. Finding the allegation specific and serious, the court held that anticipatory bail could not be granted. Consequently, the anticipatory bail petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the victim’s statement implicating him in kidnapping and assault.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 365
Subjects
- kidnapping
- anticipatory bail
- IPC
- CrPC
- assault
- cross‑border crime
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14445 of 2025
Arising Out of PS. Case No.-4 Year-2022 Thana- GAIGHAT District- Muzaffarpur
======================================================
Lalu Kumar Yadav S/O Bhuneshwar Yadav R/O Village- Lawtoliya Dihlahi,
Police Station- Bishanpur, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K.
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 19-01-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Gaighat P.S. Case
No. 04 of 2022 registered for the offences punishable under
Sections 365/34 of IPC.
3. As per FIR, petitioner alongwith other co-accused
persons kidnapped the daughter of informant aged about 18
years who was the student of B.A. part 1 at the time of
occurrence.
4. Considering the submission, it appears that the
victim upon recovery categorically stated while recording her
statement under Section 164 of the Cr.P.C. that this
petitioner alongwith one Birju Yadav kidnapped her upon false
Patna High Court CR. MISC. No.14445 of 2025(3) dt.19-01-2026
2/2
information that they were sent by her father to drop near to
college and thereafter she was taken to one isolated place and
whereafter the victim was handover to some unknown by this
petitioner who took her further to Nepal which upon
objections badly beated/ assaulted victim.
5. In view of aforesaid as the allegation of
kidnapping on pretext of dropping near to college appears
specific against petitioner in terms of statement of victim
recorded under Section 164 of Cr.P.C., accordingly, the
present anticipatory bail petition of above-named petitioner
stands dismissed.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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