Patna High Court
Sonu Kumar Yadav @ Sonu Kr. YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted despite the serious allegations, subject to strict conditions and verification of the petitioner’s antecedents.
Summary
Sonu Kumar Yadav was arrested on 21‑02‑2025 in connection with FIR dated 12‑02‑2025 alleging abduction and forced marriage of the informant’s daughter under Sections 137(2) and 96 of the BNS, 2023. The petitioner claimed the FIR was fabricated and pointed out that co‑accused had already been granted anticipatory bail by the same court. The victim’s statement under Section 183 of the BNSS, 2023 did not mention sexual assault and she refused medical examination. The State opposed bail, relying on the victim’s statement and the petitioner’s other pending cases. The court, after considering the facts and the earlier anticipatory bail orders, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering of evidence and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused of abduction and forced marriage under Sections 137(2) and 96 of BNS, 2023.
- Whether the victim’s statement under Section 183 of BNSS, 2023 precludes the grant of bail.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.
- Whether pending criminal cases against the petitioner affect the bail application.
Legislation cited
- BNS, 2023 — s. 137(2), 96
- BNSS, 2023 — s. 183
Subjects
- bail
- anticipatory bail
- abduction
- forced marriage
- criminal procedure
- Section 137
- Section 96
- Section 183
- victim statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42317 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Sonu Kumar Yadav @ Sonu Kr. Yadav S/o Late Bisnudeo Yadav @
Vishnudev Yadav R/o Village- Hanumannagar, Ward No. 01, P.S.- Narpatganj,
District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 16-03-2026 Heard Mr.Vijay Kishore Bharti, learned counsel
for the petitioner and Mr.Arun Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
21.02.2025 in connection with Narpatganj P.S. Case No. 55
of 2025, F.I.R. dated 12.02.2025 registered for the offence
punishable under Sections 137(2),96 of BNS, 2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons have abducted the
daughter of the informant.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
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alleged in the FIR. As per allegation in the FIR, the petitioner
alongwith other co-accused persons have abducted the
daughter of the informant. Learned counsel for the petitioner
submits that for the same set of allegation the co-accused
persons, namely, Manjesh Yadav @ Pawan Kumar Yadav,
Anjali Kumari and Shambhu Kumar Yadav have been granted
privilege of anticipatory bail by a Coordinate Bench of this
Hon’ble Court vide orders dated 02.07.2025 and 29.08.2025
passed in Cr. Misc. Nos.37461 of 2025 and 47592 of 2025
respectively. Further submits that the statement of the victim
under Section 183 of BNSS, 2023 was recorded in which she
has not stated anything about the sexual assault apart from the
aforesaid, she has refused for her medical examination and
police, after investigation, submitted the chargesheet against
the petitioner and the petitioner is in custody since
21.02.2025.
5. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
from a bare perusal of the statement of the victim under
Section 183 of BNSS, 2023 which suggests that the petitioner
has forcefully performed the marriage with the victim. Further
submits that the petitioner carries two more cases other than
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the present one but he fairly submits that the petitioner is on
bail in both the cases, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned CJM, Araria in
connection with Narpatganj P.S. Case No. 55 of 2025, with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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