Patna High Court
Deepak Yadav @ Deepak Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Bail was granted because the victim’s statement under Section 183 negated the kidnapping allegation and there was no material risk justifying denial of bail.
Summary
The petitioner, Deepak Yadav, sought bail in a criminal case registered under sections 96 and 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging kidnapping for marriage. The prosecution alleged that the petitioner had taken the informant's daughter for marriage after she failed to return home. The petitioner argued innocence, citing the victim’s statement recorded under Section 183 of the same Act, in which she denied any kidnapping and said she was in Delhi and did not know the petitioner. The court considered the victim’s statement, the nature of the alleged offence, and the statutory provisions governing bail. Finding that the victim’s declaration undermined the prosecution’s case and that there was no apparent risk of flight, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Act. The bail order effectively disposed of the petition.
Issues considered
- Whether bail should be granted in a case under sections 96 and 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the victim’s statement under Section 183.
- Whether the conditions prescribed under Section 482(2) of the Act are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137, 183, 482(2), 96
Subjects
- bail
- kidnapping
- victim statement
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 96
- Section 137
- Section 183
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6557 of 2026
Arising Out of PS. Case No.-583 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Deepak Yadav @ Deepak Kumar Yadav S/O Raj Kumar Yadav R/O Village -
Nawadih (Karmauni), P.S- Dobhi, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramshhish Kumar S/O Shri Chandeshwar Yadav R/O Vill.- Titai, Bigha,
P.S- Makhdumpur, Dist- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 23-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 96 and 137 of BNS,
2023.
3 . Prosecution case , in brief, is that on 22.07.2025,
daughter of the informant went to her uncle’s house but did not
return. On 23.07.2025 at about 06:00 PM, her daughter called
and told that she has solemnized marriage with this petitioner
and thereafter, switched off her phone. Informant alleged that
this petitioner, took away her daughter for the purpose of
marriage .
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.6557 of 2026(5) dt.23-06-2026
2/2
petitioner is innocent and has committed no offence . During
investigation, victim was recovered and her statement was
recorded under Section 183 BNSS wherein she denied the
factum of kidnapping and categorically stated that she along
with one Kriti had gone to Delhi and she does not know this
petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, statement of the
victim recorded under Section 183 BNSS and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, 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 the learned A.C.J.M. 1 st, Jehanabad in
connection with Makhdumpur P.S. Case No. 583 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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