Patna High Court
Bikash Kumar Yadav @ Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 3(5), 352, 361(2), 96
- Protection of Children from Sexual Offences Act — s. 8
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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