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Patna High Court

Rohit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rohit Yadav, sought anticipatory bail fearing arrest in a case (Khaira PS Case No. 244 of 2023) registered under IPC Section 363 and POCSO Act Sections 4 and 8, based on a complaint by an informant alleging the disappearance of the informant's daughter. The victim, an 18‑year‑old girl, gave a statement that she left voluntarily to live with the petitioner and later married him. The State argued that the petitioner was responsible for the missing daughter, while the petitioner’s counsel highlighted his clean record and the victim’s voluntary departure. The Court examined the statements, the absence of prior criminal history, and the nature of the allegations, and decided to extend anticipatory bail. The bail was granted subject to a bond of Rs.10,000 with two sureties and a set of conditions regarding cooperation with investigation, court appearances, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC Section 363 and POCSO Act Sections 4 and 8.
  • Whether the victim's voluntary statement and subsequent marriage negate the alleged offences.
  • Whether the petitioner’s lack of criminal antecedent warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 363
  • POCSO Act
  • missing person
  • marriage
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6458 of 2026
                        Arising Out of PS. Case No.-244 Year-2023 Thana- KHAIRA District- Jamui
                 ======================================================
                 Rohit Yadav Son of Bharat Yadav R/o Village - Ballopur, P.O and P.S -
                 Khaira, District - Jamui.
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     XXX W/o YYY R/o Village - Ballopur, P.O and P.S - Khaira, District -
                  Jamui.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sanjay Kumar Mishra, Advocate
                 For the State           :        Mr. Mithlesh Kumar Khare, APP
                 For the Informant       :        Mr. Pankaj Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   01-04-2026                               Heard Mr. Sanjay Kumar Mishra, learned

                   counsel for the petitioner and Mr. Pankaj Kumar Sinha, learned

                   counsel representing the informant beside learned APP

                   representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Khaira P.S. Case No. 244 of 2023 registered for

                   the offence under Sections 363 of the Indian Penal Code and

                   section 4 and 8 of the POCSO Act, lodged on 02.06.2023 by the

                   informant, XX.

                                 3. As per the prosecution story, the informant alleged

                   that one fine morning the daughter went missing and this

                   followed the F.I.R..

                                 4. The coordinate earlier called for the case diary and
Patna High Court CR. MISC. No.6458 of 2026(3) dt.01-04-2026
                                            2/3




          the statement of the victim girl beside issuing notice to the

          opposite party no.2.

                        5. Pursuant thereto the opposite party no.2 has

          appeared, the case diary as also the statement of the victim girl

          are on record, the girl has recorded her age as 18 years and has

          further narrated that she left on her own to live with the

          petitioner.

                        6. Learned counsel for the petitioner submits that both

          have subsequently tied nuptial knots, residing together.

                        7. Learned counsel for the informant opposes the

          prayer submitting that the petitioner was the person behind the

          missing daughter.

                        8. Considering the submissions of the parties as also

          the statement of the victim girl beside the fact that he is a young

          boy, having no criminal antecedent, in that background, this

          Court is inclined to extend him the privilege of anticipatory bail.

                        9, Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Jamui, in

          connection with Khaira P.S. Case No. 244 of 2023 subject to the
            Patna High Court CR. MISC. No.6458 of 2026(3) dt.01-04-2026
                                                        3/3




                      following conditions:-

                                   (i) one of the bailor should be the family

                      member/relative of the petitioner who shall provide official

                      document (Aadhar Card/Voter Id/Driving License/Pan Card) to

                      show his/her bona fide;

                                   (ii) the petitioner shall be appearing before the Police

                      Station as and when required for cooperating in the

                      investigation;

                                   (iii) the petitioner shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of his/her

                      bail bond by the Trial Court itself;

                                   (iv) the petitioner shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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