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Patna High Court

Hareshwar YadavversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Anticipatory bail was denied as the allegations and material on record warranted the petitioner’s arrest.

Summary

The petitioner, Hareshwar Yadav, sought anticipatory bail fearing arrest in a case involving alleged kidnapping and sale of a minor girl. The prosecution alleged that co‑accused Chandan Kumar, in his confessional statement, implicated the petitioner in handing over the victim to others for a sum of Rs. 2 lakhs, and the victim’s statement under Section 183 supported this claim. The petitioner argued that he has a clean record, was not named in the FIR, and was falsely implicated based solely on the co‑accused’s confession. The court examined the statements, the victim’s age, and medical report indicating no overt injuries but the possibility of rape. Considering the seriousness of the offences under the B.N.S. and POCSO Acts and the material on record, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 96 and 137(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act.
  • Whether the confessional statement of a co‑accused and the victim’s statement constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child sexual abuse
  • POCSO Act
  • confessional statement
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28474 of 2026
                        Arising Out of PS. Case No.-387 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Hareshwar Yadav Son of Ghurup Yadav Resident of Village- Khiriya, P.S.-
                 Bagaha, District- West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Bibi Jubeda Khatoon W/O Nisarool R/O Village- Ghuran, P.S.- Supaul,
                 Distt.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prithvi Nath Mishra, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                    Heard Mr. Prithvi Nath Mishra, learned counsel for

                   the petitioner and Mr. Murli Dhar, learned APP for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Supaul P.S. Case No. 387/2025, F.I.R. dated

                   26.07.2025 for the offences punishable under Sections 96 and

                   137(2) of the B.N.S. and Sections 4 and 6 of the POCSO Act.

                               3. According to prosecution case, the co-accused

                   persons are alleged to have kidnapped the informant’s minor

                   daughter for selling her.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.28474 of 2026(2) dt.23-04-2026
                                            2/3




          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. The petitioner is not named in the FIR. The name of the

          petitioner has transpired on the basis of the confessional

          statement of the co-accused, Chandan Kumar.

                      5. The learned Additional Public Prosecutor for the

          State vehemently opposed the anticipatory bail of the petitioner.

          In para. 92 of the case diary, confessional statement of the co-

          accused, Chandan Kumar is mentioned in which he has stated

          that he has handed over the victim to the petitioner and the

          petitioner along with the co-accused, Virendra Rai and Sunaina

          Kumar took the victim to Himachal Pradesh and sold the victim

          to one Darshan Singh for Rs. 2 lakhs. The victim in her

          statement recorded u/s 183 of the B.N.S.S. has supported the

          prosecution story. In para. 168 of the case diary education

          certificate of the victim is mentioned in which the date of birth

          is 01.01.2008 which suggests that on the date of occurrence the

          victim was a minor girl. The medical report of the victim

          suggests that no fighting sign or any sign of physical assault

          found but “rape cannot be ruled out”.

                       6. Considering the allegation as alleged in the F.I.R,

          the victim in her statement recorded under Section 183 of the
             Patna High Court CR. MISC. No.28474 of 2026(2) dt.23-04-2026
                                                         3/3




                       B.N.S.S. has supported the prosecutions story as well as the

                       materials available on record, I am not inclined to grant the

                       privilege of anticipatory bail to the petitioner in connection

                       with Supaul P.S. Case No. 387/2025 pending in the court of

                       learned District and Additional Sessions Judge cum Special

                       Jduge, POCSO Act, Supaul.

                                    7. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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