Patna High Court
Dayanand Yadav @ Dayanand Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, holding that the circumstances warranted release on bond.
Summary
The petitioner, Dayanand Yadav, a 20‑year‑old, was charged with kidnapping his minor girlfriend, the informant's granddaughter, and with offences under the B.N.S., the POCSO Act and the Prohibition of Child Marriage Act. The FIR was lodged seven days after the alleged incident and the victim’s statement under Section 183 B.N.S.S. claimed she voluntarily left home, married the petitioner, and denied any kidnapping. The State and a co‑accused opposed bail, arguing that a minor’s consent is legally ineffective. The court noted the delay in filing the FIR, the victim’s voluntary statement, the petitioner’s young age and the possibility of youthful indiscretion, and consequently ordered bail on a bond of Rs.10,000 with two sureties. The bail order was conditioned on the petitioner’s compliance with the lower court’s proceedings.
Issues considered
- Whether bail should be granted to the accused despite charges of kidnapping, offences under the POCSO Act and the Prohibition of Child Marriage Act.
- Whether the minor victim’s consent negates the alleged kidnapping and child‑marriage offences.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 351, 352, 65(1), 96
- Prohibition of Child Marriage Act — s. 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- kidnapping
- minor
- consent
- POCSO Act
- child marriage
- delay in FIR
- youthful indiscretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.536 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Dayanand Yadav @ Dayanand Kumar Yadav S/O Tej Narain Yadav R/O
Village- Rauahi,P.S-Andhramath, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhagwandat Mandal S/O Late Chhedi Mandal R/O Village- Rauahi,P.S-
Andhramath, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saumya
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, opposite
party no. 2 and learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2), 96, 352, 351, 3(5) of
the B.N.S. but charge-sheet has been submitted against the
petitioner under Sections 137(2), 96, 65(1) of the B.N.S.,
Section 4/8 of the POCSO Act and Section 9 of the Prohibition
of Child Marriage Act.
3. Petitioner is said to have kidnapped the minor
grand daughter of the informant.
4. Learned counsel for the petitioner has submitted
that the First Information Report has been lodged after a delay
Patna High Court CR. MISC. No.536 of 2026(3) dt.25-02-2026
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of 7 days and the present case arises out of love relationship
between the petitioner and the victim. It is further submitted that
the age assessment of the victim is not correct and the victim
herself had refused the medical examination. The statement of
the victim recorded under Section 183 of the B.N.S.S. indicates
that the victim had fled away from her house voluntarily and
had gone along with the petitioner to Delhi where she married
the petitioner. She has negated the factum of kidnapping and has
affirmed the fact that she was in a love relationship with the
petitioner. She has also clearly stated that she wants to go her
matrimonial household and not to her parents. Further, the
petitioner is also a young boy aged about 20 years and is in
custody since 05.06.2025 and charge-sheet has been submitted
on 08.08.2025 whereafter charges have already been framed.
5. Learned APP for the State and the learned counsel
for the opposite party no. 2 have opposed the application for bail
on the ground that the victim is a minor girl and her consent
would amount to no consent in the eyes of law.
6. Taking into consideration the facts and
circumstances and considering the statement of the victim girl
and also the age of the petitioner coupled with the factum of
delay in lodging of the FIR and also considering the possibility
Patna High Court CR. MISC. No.536 of 2026(3) dt.25-02-2026
3/3
of youthful indiscretion on behalf of the petitioner and the
victim, let the above named petitioner, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Andhramath P.S. Case No. 83 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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