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Patna High Court

Arun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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