Patna High Court
Rohit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 363
- Protection of Children from Sexual Offences Act — s. 4, 8
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
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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
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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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