Patna High Court
Dilkush Yadav @ Krishnanand Yadav @ Krishna Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Dilkush Yadav, was implicated in an FIR alleging kidnapping of a minor girl, with charges under multiple sections of the Bharatiya Nyaya Sanhita. The victim, however, gave a statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita that she had voluntarily eloped with the petitioner. The petitioner applied for anticipatory bail, asserting a clean antecedent, while the State opposed the relief. The court considered the victim's voluntary statement and the lack of incriminating evidence against the petitioner. It granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in view of the victim's voluntary statement under Section 180 BNSS
- Whether the allegations under the listed sections of the Bharatiya Nyaya Sanhita constitute a ground to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 180, 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126, 137(2), 303(2), 3(5), 351(2), 351(3), 352, 76, 87
Subjects
- anticipatory bail
- kidnapping
- victim statement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.610 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
Dilkush Yadav @ Krishnanand Yadav @ Krishna Nandan Kumar S/o-
Ramnath Yadav Resident of Village- Meghban, P.S.- Benipatti, Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsels for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126, 115(2), 76, 137(2),
87, 303(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner kidnapped minor
daughter of the informant.
4. Learned counsel appearing for the petitioner is
innocent and has committed no offence. During investigation,
victim was recovered and in her statement, recorded under
Section 180 of Bharatiya Nagarik Suraksha Sanhita she denied
the prosecution case and has categorically stated that she eloped
Patna High Court CR. MISC. No.610 of 2026(2) dt.10-02-2026
2/2
with this petitioner on her own accord. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 180 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below 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, 1st Class,
Benipatti at Madhubani in connection with Shaharghat P. S.
Case No. 34 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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