Patna High Court
Achheylal Yadav @ Neta JiversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application and ordered the petitioner’s release on bail.
Summary
The petitioner, Achheylal Yadav, sought relief from imminent arrest in a case (Malsalami P.S. Case No. 86 of 2025) filed under Sections 96, 115(3), 303(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, alleging abduction of a girl. The victim's statement, recorded under Section 180 of the BNSS, indicated that she had voluntarily eloped with another individual, Chhotu Kumar. Considering the victim's testimony, the court found no substantive ground to deny bail. Accordingly, the court allowed the bail application, directing that the petitioner be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The statement of the victim was placed on record.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of abduction under the specified sections of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(3), 303(2), 3(5), 351(3), 352, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- abduction
- elopement
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 438
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71705 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Achheylal Yadav @ Neta Ji S/O Late Jugani Yadav @ Jujagi Yadav R/O Vill.-
Rikabganj, P.S.- Malsalami, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Geeta Devi W/O Upendra Rai R/O Vill.- Rikabganj, P.S.- Malsalami, Dist.-
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Malsalami P.S. Case No. 86 of 2025 instituted under
Sections 96, 115(3), 303(2), 352, 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is of
abducting the victim.
4. The statement of the victim girl recorded under
Section 180 of the BNSS produced by the SHO of Malsalami
Police Station and the I.O. of the case.
5. From the statement of the victim girl, it appears
Patna High Court CR. MISC. No.71705 of 2025(3) dt.21-01-2026
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that she had eloped with one Chhotu Kumar son of Umesh
Gope.
6. Considering the above, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, IV, Patna City in connection with
Malsalami P.S. Case No. 86 of2025, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
8. A copy of the statement of the victim girl is taken
on record.
(Sandeep Kumar, J)
P. Kumar
U T
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