Patna High Court
Kundan Yadav @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail, holding that the victim’s voluntary statement and the facts on record did not justify denial of bail.
Summary
The petitioner, Kundan Yadav, was arrested in connection with a kidnapping case alleged to be for the purpose of marriage, charged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 18 of the POCSO Act. The prosecution alleged that the petitioner abducted a minor girl, while the petitioner claimed innocence and a clean antecedent, having been in custody since 18‑08‑2025. The victim’s statement recorded under Section 183 of the BNSS indicated that she voluntarily left her home and accompanied the petitioner of her own accord. The court, after considering the submissions and the victim’s voluntary statement, deemed that the circumstances did not warrant continued detention and allowed the regular bail application. Consequently, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, with the court noting that its observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether regular bail should be granted to an accused of kidnapping a minor for marriage under the BNSS and POCSO statutes.
- Whether the victim’s voluntary statement under Section 183 BNSS negates the necessity of continued custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 18, 4
Subjects
- regular bail
- kidnapping
- marriage
- POCSO Act
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21834 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Kundan Yadav @ Kundan Kumar S/o Dinesh Yadav R/o vill - Fatehpur, P.S.-
Kashnagar, Distt.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o vill - Soha, ward no. 4, P.S. - Sonbarsa Raj, Distt.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha
For the Opposite Party/s : Mr. Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sonbarsa Raj P.S. Case No. 82 of 2025 registered for the offence
under Section(s) 137(2) and 96 of the Bharatiya Nyaya Sanhita,
2023 and Section 4 and 18 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl for the purpose of
marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 18.08.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.21834 of 2026(2) dt.07-04-2026
2/2
6. Having considered the rival submissions and upon
perusal of the case records, it appears that the victim, in her
statement recorded under Section 183 of the BNSS, has stated
that she had voluntarily left her house and accompanied 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 Sonbarsa Raj P.S.
Case No. 82 of 2025.
8. 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)
Shishir/-
U T
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