Patna High Court
Guddu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners, holding that the victim’s voluntary elopement negated the abduction allegation.
Summary
The petitioners, six members of the Yadav family, feared arrest in a criminal case (Malsalami P.S. Case No. 86 of 2025) alleging abduction of a girl. The case was instituted under Sections 96, 115(2), 303(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. The victim’s statement recorded under Section 180 of the BNSS indicated that she had voluntarily eloped with a man named Chhotu Kumar, contradicting the abduction allegation. The High Court, after hearing counsel, held that the victim’s statement negated the basis for the abduction charge and allowed the petition for bail. Consequently, the court ordered that, if arrested within six weeks, each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. A copy of the victim’s statement was placed on record.
Issues considered
- Whether the petitioners are entitled to bail despite the abduction allegations under the Bharatiya Nyaya Sanhita.
- Whether the victim’s statement of voluntary elopement defeats the charge of abduction.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 180, 303(2), 3(5), 351(3), 352, 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- abduction
- elopement
- criminal procedure
- Bharatiya Nyaya Sanhita
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71784 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- MALSALAMI District- Patna
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1. Guddu Yadav Son of Achheylal Yadav Resident Of Village -Rikabganj, Ps-
Malsalami, Dist- Patna
2. Neeraj Kumar Son of Achheylal Yadav Resident Of Village -Rikabganj, Ps-
Malsalami, Dist- Patna
3. Kajal Kumari Daughter of Achheylal Yadav Resident Of Village -Rikabganj,
Ps- Malsalami, Dist- Patna
4. Vikash Kumar Son of Achheylal Yadav Resident Of Village -Rikabganj, Ps-
Malsalami, Dist- Patna
5. shilty Kumari @ Shilpi Devi Daughter of Achheylal Yadav Resident Of
Village -Rikabganj, Ps- Malsalami, Dist- Patna
6. smt. Gayatri Devi Wife of Achheylal Yadav Resident Of Village -Rikabganj,
Ps- Malsalami, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Geeta devi Wife of Upendra Rai Resident Of Village -Rikabganj, Ps-
Malsalami, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Malsalami P.S. Case No. 86 of 2025 instituted under
Sections 96, 115(2), 303(2), 352, 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. The allegation against the petitioners is of
Patna High Court CR. MISC. No.71784 of 2025(4) dt.21-01-2026
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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
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
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each 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 of 2025, 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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