Patna High Court

Devnandan Yadav @ Devnandan Kumar @ Devnanday YadavversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted pre‑arrest bail to the petitioners subject to bond and conditions.

Summary

The petitioners, three villagers from Bihra, sought pre‑arrest bail in a case registered under multiple provisions of the Bharatiya Nyaya Sanhita, the POCSO Act and the Child Marriage Act. The prosecution alleged that the son of petitioner No.1 abducted the informant's daughter with cash and jewellery and that the informant was assaulted by petitioner No.1 and co‑accused when she visited their house. The petitioners contended that petitioner No.1 is the father of a co‑accused in a separate kidnapping allegation, that the alleged marriage was entered into voluntarily as per the victim’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, and that they have a clean antecedent. The State opposed the bail application. The Court, after considering the facts, allowed the bail petition subject to a bond of Rs.10,000 with two sureties and conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail despite charges under the Bharatiya Nyaya Sanhita, POCSO Act and Child Marriage Act

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183, 482
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 65(1), 96
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

pre‑arrest bail
criminal procedure
POCSO
child marriage
kidnapping
assault
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74644 of 2025
                        Arising Out of PS. Case No.-213 Year-2024 Thana- BIHRA District- Saharsa
                 ======================================================
           1.     Devnandan Yadav @ Devnandan Kumar @ Devnanday Yadav S/o- Ladulal
                  Yadav R/- Belahi W.No-7, Ps- Bihra Dist- Saharsa
           2.    Ritesh Kumar @ Ritesh Yadav S/o- Pawan Yadav R/- Belahi W.No-7, Ps-
                 Bihra Dist- Saharsa
           3.    Ashutosh Kumar @ Ashutosh Kumar Yadav S/o- Raju Yadav R/- Belahi
                 W.No-7, Ps- Bihra Dist- Saharsa
                                                                  ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar
           2.     X W/o- Y R/o- Rakiya W.No-7, Ps- Bihra Dist- Saharsa
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha
                 For the Opposite Party/s :       Mrs.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 96, 137(2),

                   65(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections

                   4 & 6 of the POCSO Act and sections 9 & 10 of the Child

                   Marriage Act.

                                3. As per the prosecution case, son of petitioner no. 1

                   took the daughter of informant with him along with cash &

                   jewellary and when informant went to the house of the

                   petitioner no. 1 to enquire about her daughter, she was assaulted

                   by him (petitioner no. 1) and other co-accused persons.
           Patna High Court CR. MISC. No.74644 of 2025(3) dt.28-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     petitioner no. 1 is father of co-accused Nitish Kumar, against

                     whom there is allegation of kidnapping, whereas petitioner nos.

                     2 & 3 are co-villagers of petitioner no. 1. Moreover, the victim,

                     in her statement recorded under section 183 Bharatiya Nagarik

                     Suraksha Sanhita, 2023, has stated that out of her free will she

                     has solemnized marriage with son of petitioner no. 1 and

                     leading conjugal life. Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     pre-arrest bail.

                                  6. Considering the aforesaid facts of the case, prayer

                     for bail of these petitioners is allowed. In the event of

                     arrest/surrender within eight weeks from today, let these

                     petitioners, mentioned above, be enlarged on bail on furnishing

                     bail bonds of Rs.10,000/- (ten thousand) each with two sureties

                     of the like amount each to the satisfaction of the District and

                     Additional Sessions Judge VI cum Special Judge, POCSO Act,

                     Saharsa in connection with Bihra P.S. Case No. 213 of 2024,

                     subject to the conditions laid down under section 482 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
anay

U      T

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