Patna High Court
Pradeep Yadav @ Pradeep Kumar Yadav @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Petitioner Pradeep Yadav sought anticipatory bail after being implicated in a case alleging kidnapping of a minor, with charges under several sections of the B.N.S., 2023 and the POCSO Act. The victim, a minor, recorded a statement under Section 183 of the B.N.S.S. denying any kidnapping and stating she left her house voluntarily. The State opposed the bail application, but the court considered the victim's statement recorded under Section 164 of the Cr.P.C. and found no substantive basis to detain the petitioner. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties. The bail is subject to conditions under Section 482 of the B.N.S.S., 2023 and the jurisdiction of the Special Judge (POCSO Act) in Purnia.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges including kidnapping and offences under the POCSO Act.
Legislation cited
- B.N.S., 2023 — s. 115(2), 137(2), 183, 3(5), 351(2), 352, 482, 96
- Criminal Procedure Code (Cr.P.C.) — s. 164
- Protection of Children from Sexual Offences (POCSO) Act — s. 4(1)
Subjects
- anticipatory bail
- kidnapping
- minor
- victim statement
- POCSO Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72346 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- Marnga District- Purnia
======================================================
Pradeep Yadav @ Pradeep Kumar Yadav @ Pradeep Kumar S/o Chitranjan
Yadav R/o Village - Ganeshpur, P.S - K. Nagar, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pravin Kr. Yadav S/o- Late Shila Yadav Resident of Vill .- Naya tola
Gangauli Ward No. - 9 N.H. West P.S. - Maranga District - Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Yadav
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 137(2), 96, 115(2),
352, 351(2), 3(5) of the B.N.S., 2023 and later on, Section 4(1)
of the POCSO Act was added.
3. It is alleged that this petitioner along with other co-
accused kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The victim,
in her statement recorded under Section 183 of B.N.S.S., has
denied the factum of kidnapping and categorically stated that no
one has kidnapped her. She herself left the house and went to
house of her maternal grand mother (Nani).
Patna High Court CR. MISC. No.72346 of 2025(3) dt.19-01-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the statement of the victim recorded
under Section 164 Cr.P.C., the prayer for anticipatory bail of
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender before
the Court concerned within a period of eight weeks from today,
let the above named petitioner 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 learned A.S.J. VI-cum-
Special Judge (POCSO Act), Purnia / concerned Court in
connection with Maranga P.S. Case No. 33 of 2025, subject to
condition as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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