Patna High Court
Chhotu Yadav @ Devendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is not directly implicated in the kidnapping and is entitled to bail under Section 438(2) Cr.P.C.
Summary
Petitioner Chhotu Yadav sought bail fearing arrest in a case registered under Sections 363, 366A and 34 of the IPC for alleged kidnapping of a minor for marriage. The prosecution alleged that the petitioner, along with co‑accused Rakesu Yadav, abducted the victim, but the victim later denied the kidnapping claim, stating she had eloped and married Rakesh Yadav of her own volition. Counsel for the petitioner argued that the kidnapping charge pertained only to the co‑accused and that the petitioner, being the maternal uncle, had no involvement and possessed a clean antecedent. The court examined the victim’s statement, the lack of direct evidence against the petitioner, and the provisions of Section 438 of the Criminal Procedure Code and Section 482 of the Bihar Negotiable Securities Act. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC.
Issues considered
- Whether the petitioner is liable to be arrested in the kidnapping case under Sections 363, 366A and 34 IPC.
- Whether bail can be granted to the petitioner under Section 438(2) of the Cr.P.C. notwithstanding the pending investigation.
- Whether the court has jurisdiction to entertain the bail application under Section 482 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- kidnapping
- IPC Sections 363
- IPC Section 366A
- IPC Section 34
- Section 438 CrPC
- Section 482 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4685 of 2026
Arising Out of PS. Case No.-35 Year-2022 Thana- KALUAHI District- Madhubani
======================================================
Chhotu Yadav @ Devendra Yadav S/o Shivan Yadav R/o- Narkatiya ward No.
06, PO- Madhiya, PS- Basopatti, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Choudhary
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 363/366A/34 of the
Indian Penal Code.
3. As per the prosecution case, this petitioner along
with other F.I.R. named accused persons kidnapped minor
daughter of the informant for the purpose of marriage.
4. Learned counsel appearing for the petitioner
submits that specific accusation of kidnapping is against co-
accused, Rakesh Yadav. Petitioner is maternal uncle of co-
accused Rakesh Kumar and has nothing to do with the alleged
occurrence. During investigation, the victim denied the
prosecution case and stated that she was in love affair with co-
Patna High Court CR. MISC. No.4685 of 2026(2) dt.11-02-2026
2/2
accused, Rakesh Yadav and she went along with him at Delhi
and solemnized marriage with him. Petitioner claims clean
antecedent.
5. Considering the same, let the petitioner, above
named, in the event of their arrest/ surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1" class,
Madhubani in connection with Kaluahi PS case No. 35 of 2022,
subject to conditions laid down u/s 438(2) of the Cr.P.C.
/Section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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