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Patna High Court

Rohit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail, finding that the prosecution had not sufficiently demonstrated the elements of kidnapping or "enticing away" and that the petitioner’s custody was not necessary pending trial.

Summary

The petitioner, Rohit Yadav, applied for regular bail in a case registered under Sections 137(2), 96 and 3(5) of the B.N.S., Sections 4 and 6 of the POCSO Act and Section 9 of the Child Marriage Prohibition Act, 2006. The prosecution alleged that he, along with co‑accused, kidnapped two teenage girls (aged about 14½ and 15 years) for the purpose of marriage. The petitioner contended that the allegations were false, that he was in a consensual relationship with one of the girls, that the marriage was solemnised lawfully, and that there was no "enticing away" or "taking away" as required under Section 96 of the B.N.S. He also highlighted the victims’ near‑majority age, lack of any assault allegation, and his clean record. The State and the informant opposed bail, arguing the seriousness of the offences. After considering the statements of the victims and the arguments, the court held that bail should be granted on condition of a Rs.10,000 bond with two sureties, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under the B.N.S., POCSO Act and Child Marriage Prohibition Act.
  • Whether the elements of kidnapping and "enticing away" under Section 96 of the B.N.S. are established.
  • Whether the age of the victims and the nature of the alleged relationship preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • POCSO
  • section 96
  • minor
  • consensual relationship
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1980 of 2026
                        Arising Out of PS. Case No.-534 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Rohit Yadav Son of Ganesh Yadav @ Ganesh Kumar @ Ganesh Prasad R/o
                 Village - Koshiyawan, P.S - Ekangarsarai, District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mrs. X Wife of Mr. Y R/o Village - Goriya Bigha, Jurior Tola, P.S. - Hilsa,
                 Dist. - Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sonu Kumar, Advocate
                 For the State           :        Mr. Sanjay Kumar Singh, APP
                 For the Informant       :        Mr. Shambhu Narayan Singh, Advocate
                                                  Mr. Suraj Kumar Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   06-04-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Hilsa P.S. Case No. 534

                   of 2025 registered for the offences punishable under Sections

                   137(2), 96 and 3(5) of the B.N.S., under Section 4/6 of the

                   POCSO Act and under Section 9 of the Child Marriage

                   Prohibition Act, 2006.

                                 3. As per the prosecution case, on 07.08.2025, the

                   daughters of the informant victim (x) and victim (y) aged about

                   14 ½ years and 15 years respectively went out of the house. A

                   thorough search was made by the informant and during the
Patna High Court CR. MISC. No.1980 of 2026(3) dt.06-04-2026
                                            2/3




          course of search it transpired that this petitioner along with co-

          accused persons Satish Kumar and Sanarjit Kumar had

          kidnapped her daughters for the purpose of marriage.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that the allegation of

          kidnapping is not true. The petitioner was in fact in a consensual

          relationship with one of the victims, who has stated that she was

          involved in a love affair with the petitioner and out of her own

          free will, she joined the petitioner’s company and they

          solemnized their marriage at a temple in Delhi. When the

          informant assured them that their marriage would be conducted

          lawfully, they returned from Delhi. While the victim, (y), the

          sister of victim (x), has stated that she and victim (x) went to the

          railway station without informing anyone, thereafter, victim (x)

          went along with the petitioner, who gave her some money to

          visit her maternal grandmother’s house. It has also been

          submitted that there is no element of “enticing away” and

          “taking away” against the petitioner so as to constitute the

          offence under Section 96 of the B.N.S. Moreover the victim is

          on the verge of majority and she was not of such tender age so

          as to not understand the consequences of her action. Both the
              Patna High Court CR. MISC. No.1980 of 2026(3) dt.06-04-2026
                                                          3/3




                        victims have not alleged any physical/sexual assault against the

                        petitioner. It has lastly been submitted that the petitioner has

                        clean criminal antecedent and is in custody since 10.08.2025

                                     5. Learned APP for the State and learned counsel for

                        the informant have vehemently opposed the prayer for bail of

                        the petitioner.

                                     6. Considering the aforesaid submissions of the

                        parties as well as the respective statement of the victims

                        recorded under Section 183 of the B.N.S., let the petitioner

                        above-named, be enlarged on bail on furnishing bail-bonds of

                        Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of learned Court concerned,

                        Nalanda, in connection with Hilsa P.S. Case No. 534 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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