Patna High Court
Arun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
Arun Yadav was arrested in connection with a case alleging kidnapping of a minor girl under Sections 137(2), 96, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The victim testified that she had voluntarily eloped with the petitioner, claiming a consensual relationship. The petitioner, maintaining his innocence and a clean record, applied for anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the victim’s statement and the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the BNSS, clarifying that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged kidnapping.
- Whether the victim's statement of voluntary elopement negates the elements of kidnapping under the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 351(2), 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- Section 482
- Section 183
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38166 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- SRINAGAR District- West Champaran
======================================================
Arun Yadav son of Madan Yadav Resident of Village- Ranaha Ghoraiya
Bandh, Ward No 2, Police Station- Shrinagar, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Shrinagar P.S. Case No. 185 of 2025 registered for offences
under Sections 137(2), 96, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the minor victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner has a clean antecedent and
the victim girl is on the verge of attaining the age of 18 years.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions advanced on
Patna High Court CR. MISC. No.38166 of 2026(2) dt.16-06-2026
2/2
behalf of the parties and have perused the records of the case.
The victim girl, in her statement recorded under Section 183 of
the BNSS, has stated that she was in a relationship with the
petitioner and had eloped with him on her own.
7. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory 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 below
where the case is pending/successor Court in connection with
Shrinagar P.S. Case No. 185 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
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)
Shishir/-
U T
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