Patna High Court
Durgesh Yadav @ Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail as the victim’s statement shows a voluntary elopement, removing the element of forcible kidnapping.
Summary
Durgesh Yadav was arrested in a kidnapping case under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleged to have abducted a girl with the intention to marry her. The petitioner claimed innocence, stating that the relationship was consensual and the girl had eloped with him. The State opposed the bail, while the victim’s statement under Section 183 BNSS indicated she left voluntarily. The court, after reviewing the statements and submissions, granted regular bail with a cash bond of Rs.10,000 and two sureties, subject to monthly police attendance and regular trial participation. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita for the alleged offence of kidnapping with intention to marry.
- Whether the victim's voluntary elopement, as recorded under Section 183 BNSS, negates the element of kidnapping.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
Subjects
- regular bail
- kidnapping
- intention to marry
- voluntary elopement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14493 of 2026
Arising Out of PS. Case No.-8 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
======================================================
Durgesh Yadav @ Durgesh Kumar S/o Sudama Yadav R/o Village- Badawan
Kala, PS- Adhaura, District- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ranjit Sharma @ Ranajit Sharma S/o Shri Nirmal Sharma R/o Village-
Taraon, PO- Kharenda, PS- Belaon, Distt- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pathak
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 14-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Belaon P.S. Case No. 08 of 2025 registered for the offence
under Section(s) 137(2), 96 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl with intention to marry
her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 13.05.2025 having clean
Patna High Court CR. MISC. No.14493 of 2026(5) dt.14-05-2026
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antecedent. Learned counsel also submits that there was a love
affair between the petitioner and the victim girl.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 BNSS, it appears
that she had eloped with the petitioner on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Belaon P.S. Case
No. 08 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Adhaura Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
Patna High Court CR. MISC. No.14493 of 2026(5) dt.14-05-2026
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of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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