Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, directing the furnishing of a bail bond with two sureties.
Summary
Vijay Yadav was arrested in connection with a case registered under Sections 137, 96 and 64(1) of the Bihar Negotiable Securities Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, alleging abduction and sexual relationship with a minor. The petitioner claimed innocence, asserting that the victim voluntarily left her home, as reflected in her statement. He applied for bail after being in custody since 7 January 2026. The learned counsel for the State opposed the bail, while the petitioner's counsel argued lack of incriminating evidence. The Court, after hearing both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused in offences under the Bihar Negotiable Securities Act and the POCSO Act considering the seriousness of the charges and the victim's statement.
Legislation cited
- Bihar Negotiable Securities Act — s. 137, 64(1), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- POCSO
- abduction
- sexual offences
- criminal procedure
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43623 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Vijay Yadav S/O Musahar Yadav @ Musaharu Yadav Resident of Village-
Rautiniya, P.S-Phulparas,, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mrs. X W/O Mr. Z R/O Village- Rautiniya, Panchayat- Saini, P.S.-
Phulparas, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Singh
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
G.R. No. 45 of 2026 arising out of Phulparas P.S. Case No. 7 of
2026 registered for the offence under Sections 137, 96, 64(1) of
the BNS and under Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim. He is also alleged to have
established physical relationship with the victim on the pretext
of marriage.
4. The petitioner is in custody since 7.1.2026.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.43623 of 2026(2) dt.06-07-2026
2/2
the petitioner is innocent and has falsely been implicated in this
case. He further submits, relying on the statement of the victim
girl, that the victim girl has said in her statement that she has left
her house on her own.
6. Considering the aforesaid, this application is
allowed.
7. 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
the learned concerned Court below in connection with G.R. No.
45 of 2026 arising out of Phulparas P.S. Case No. 07 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
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