Patna High Court
Sanjay Kumar @ Sanjay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Sanjay Kumar Yadav, applied for anticipatory bail after being implicated in a case (PS Case No. 298 of 2022) involving kidnapping of a minor girl for the purpose of marriage. The prosecution alleges that the petitioner, along with others, abducted the child and solemnized her marriage to Vinay Sagwan, charging him under IPC sections 363, 366(A), 370, 370(A), 376 and POCSO Act sections 4 and 6. The victim’s statement recorded under Section 164 of the CrPC names the petitioner as a participant. The petitioner’s counsel contended that he has no role in the FIR and maintains a clean antecedent. The court, considering the seriousness of the offences and the victim’s recorded statement, refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the allegations and victim’s statement under Section 164 CrPC.
- Whether the victim’s statement under Section 164 CrPC is sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366(A), 370, 370(A), 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- child marriage
- POCSO
- IPC
- CrPC
- bail jurisprudence
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84234 of 2025
Arising Out of PS. Case No.-298 Year-2022 Thana- DHANAHA District- West Champaran
======================================================
Sanjay Kumar @ Sanjay Kumar Yadav Son of Rajeshwar Yadav At present
Resident of Village Tumkahi Road, P.S. Sevrahi, District Kushinagar (Uttar
Pradesh) permanent Address Resident of Village- Motipur, Mahdubani, P.S.-
Takraha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fulwanti Devi Wife of Baijnath Ram Resident of Village- Banshi Tola, P.S.-
Dhanha, District- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P.
For the O.P. No. 2 : Mr. Vijay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner apprehends arrest in Dhanha P. S. Case
No. 298 of 2022 registered for the offences punishable under
Sections 363, 366(A), 370, 370(A), 376 of the Indian Penal
Code and Sections 4, 6 of the Protection of Children from
Sexual Offences Act.
3. As per prosecution case, this petitioner along with
others kidnapped minor daughter of the informant for the
purpose of marriage. During course of investigation, victim was
recovered and in her statement, recorded under Section 164 of
Patna High Court CR. MISC. No.84234 of 2025(3) dt.17-03-2026
2/2
the Cr.P.C., she has supported the prosecution case and has
stated that when she was returning from school, co-accused
Mithilesh Kumar took her to a temple on motorcycle where this
petitioner and others solemnized her marriage with one Vinay
Sagwan.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No role has
been assigned to the petitioner in the entire F.I.R. and he has
falsely been implicated in this case. Petitioner claims clean
antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that victim has
named this petitioner as one of the persons who participated in
the alleged offence and forcibly solemnized her marriage with
one Vinay Sagwan.
6. In view of the gravity of offence and statement of
the victim recorded under Section 164 Cr.P.C., prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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