Patna High Court
Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner, ordering his release on bail with specified conditions.
Summary
The petitioner, Pankaj Kumar Yadav, applied for regular bail under Section 96 of the BNS in a case alleging kidnapping of a 15‑year‑old girl. The prosecution alleged that the petitioner enticed and abducted the minor, while the petitioner claimed the relationship was consensual and the girl voluntarily eloped and married him. The victim’s statement recorded under Section 183 of the BNSS indicated she went with the petitioner to Tekari and made no accusation against him. The court considered the victim’s statement, the lack of incriminating evidence, and the petitioner’s custody since June 2025. It ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance and a family member as bailor.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 96 of the BNS despite allegations of kidnapping a minor.
- Whether the victim’s statement under Section 183 of the BNSS negates the prosecution’s case and warrants bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- regular bail
- kidnapping
- minor
- voluntary elopement
- Section 96
- Section 183
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77537 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Pankaj Kumar Yadav Son of Mahesh Yadav R/O Village - Palhat Khurd, P.S. -
Sherghati, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sherghati P.S. Case No.
16 of 2025 registered for the offences punishable under Section
96 of the BNS.
3. The prosecution case is that on 11.01.2025, the
informant found the gate of his house opened early in the
morning and discovered that his minor daughter, XXXX, aged
about 15 years, was missing. On inquiry, it was revealed that she
was in contact with Pankaj Kumar Yadav (petitioner), and
petitioner has enticed away the minor daughter of the informant.
Upon search, the petitioner was also not found at his house. The
informant therefore alleged that petitioner has kidnapped the
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minor girl and removed her from the lawful custody of her
parents.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case due to ulterior motive. The allegation against the petitioner
is false, concocted and baseless. Petitioner has never kidnapped
the daughter of the informant. The petitioner and daughter of
informant were in love with each other affair and she out of her
own volition has voluntarily eloped with the petitioner and
subsequently married with the petitioner. Petitioner is
languishing in judicial custody since 24.06.2025.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. The statement of the victim recorded under Section
183 of BNSS copy thereof has come along with the case diary in
which she has clearly stated that she along with the petitioner
went to Tekari. In the entire statement she has not stated
anything against the petitioner.
6. Keeping in view the aforesaid facts and considering
the statement of victim recorded under Section 183 of BNSS as
also period under custody, let the petitioner, above named, be
released on bail after framing of charge and evidence of
Patna High Court CR. MISC. No.77537 of 2025(4) dt.21-01-2026
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victim on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, 1st, Sherghati,
Gaya in connection with Sherghati P.S. Case No. 16 of 2025
subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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