Patna High Court
Sharwan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Sharwan Yadav, the father of the alleged kidnapper Ritik Yadav, applied for bail in a case registered under Sections 137(2), 140(3), 96 and 3(5) of the B.N.S., alleging kidnapping of a minor for marriage. The prosecution argued that the petitioner was implicated merely because of his relationship to the accused. The petitioner contended he was innocent, had no criminal antecedent, and was falsely implicated, also raising the issue of an improper copy of the victim’s statement under Section 183 of the B.N.S.S. being in his counsel’s possession. The court examined the facts, the nature of the charges, and the petitioner’s lack of prior record, and found no sufficient ground to keep him in custody. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and directed an inquiry into the alleged breach of confidentiality of the victim’s statement.
Issues considered
- Whether the petitioner, as the father of the alleged offender, is liable to be detained for offences under Sections 137(2), 140(3), 96 and 3(5) of the B.N.S.
- Whether the disclosure of the victim’s statement under Section 183 of the B.N.S.S. to the petitioner’s counsel violates statutory confidentiality.
- Whether bail should be granted in view of the nature of the alleged offences and the petitioner’s personal antecedents.
Legislation cited
Subjects
- bail
- kidnapping
- child marriage
- criminal procedure
- victim statement confidentiality
- Section 183
- Section 137
- Section 140
- Section 96
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72662 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- SUKHANI District- Kishanganj
======================================================
Sharwan Yadav, S/o- Puran Yadav, R/v- Bhesloti, P.S.- Kurlikot District-
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sukhani P.S. Case No. 30 of 2025 registered for the offence
punishable under Sections 137(2), 140(3), 96 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the son
of the petitioner Ritik Yadav along with his family members has
kidnapped the minor daughter of the informant for the purpose
of marriage.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the main
thrust of allegation is against Ritik Yadav. Petitioner is the
father. It has also been submitted that the victim has solemnized
Patna High Court CR. MISC. No.72662 of 2025(3) dt.13-01-2026
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marriage with Ritik Yadav. Petitioner has been implicated in this
case only on the ground that he is father of the main accused
Ritik Yadav. Petitioner is having no criminal antecedent and he
is languishing in judicial custody since 12.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. During course of hearing, learned counsel for the
petitioner has also mentioned the statement of the victim under
Section 183 of the B.N.S.S. It is very strange that how the
learned counsel for the petitioner has got the copy of the
statement of the victim. The statement of the victim under
Section 183 of the B.N.S.S. in POCSO cases has to be kept in
closed envelop and its copy has not to be provided to any
person. There is latches on the part of the trial Court and its
office.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case and as the
petitioner is the father of the main accused, this Court is inclined
to enlarge the petitioner on bail. The above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.72662 of 2025(3) dt.13-01-2026
3/3
Magistrate, Kishanganj in connection with Sukhani P.S. Case
No. 30 of 2025.
8. Learned trial Court is directed to conduct an inquiry
as to how the copy of the statement of the victim has been
issued or given to the learned counsel for the petitioner.
(Ashok Kumar Pandey, J)
lata/-
U T
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