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Patna High Court

Bikash Kumar Yadav @ Bikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Bikash Kumar Yadav, was arrested in connection with a case alleging kidnapping of a minor for the purpose of marriage, charged under sections 96, 352, 361(2), 3(5) of the Indian Penal Code and section 8 of the POCSO Act. The minor victim claimed she went to Kolkata of her own free will and alleged parental torture, expressing affection for the petitioner. The petitioner sought regular bail, while the State opposed the application. After hearing both sides, the court directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. Consequently, the petitioner was released on bail pending trial.

Issues considered

  • Whether regular bail should be granted to the accused in a kidnapping case involving a minor under the POCSO Act and IPC provisions.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • minor
  • POCSO Act
  • IPC
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84460 of 2025
                      Arising Out of PS. Case No.-243 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Bikash Kumar Yadav @ Bikash Kumar Son of Ghutan Yadav R/o Village -
                 Bonga (Ranga), P.S - Jasidih, District - Deoghar
                                                                   ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     X S/o Late Udheshwar Yadav R/o Village - Inaravaran Tola Karda, P.S -
                  Katoria, District - Banka
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brij Nandan Prasad, Adv.
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   20-02-2026                    Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Katoriya P.S. Case No. 243 of 2025, registered for the

                   offences punishable under Sections 96, 352, 361(2), 3(5) of the

                   BNS and Section 8 of the POCSO Act.

                                3. As per allegation, the petitioner kidnapped the

                   minor grand-daughter of the informant for the purpose of

                   marriage.

                                4. In her statement, the victim has stated that she went

                   to Calcutta with her own sweet will. She further stated that her

                   parents were torturing her and she had love and affection with

                   the petitioner. The petitioner has been in custody since
           Patna High Court CR. MISC. No.84460 of 2025(4) dt.20-02-2026
                                                       2/2




                     04.09.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release

                     the petitioner on bail on furnishing bail bonds of Rs.10,000/-

                     with two sureties of the like amount each to the satisfaction of

                     learned Additional Sessions Judge-VI-cum-Special Judge,

                     POCSO Banka in connection with Katoriya P.S. Case No. 243

                     of 2025, subject to the following conditions that the petitioner

                     shall cooperate in the disposal of trial and make himself

                     available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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