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Patna High Court

Rambadan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Rambadan Yadav, sought bail in a special POCSO case alleging kidnapping and child marriage of a minor, the informant's daughter. He claimed no prior criminal record, asserted that he was not named in the FIR, and argued that the victim voluntarily went with him and was aged between 17 and 20. The State opposed bail, emphasizing that the victim is a minor and the charge sheet includes serious offences under the Bharatiya Nyaya Sanhita, the POCSO Act, and the Prohibition of Child Marriage Act. The court noted that consent of a minor is legally invalid and, given the gravity of the charges, refused to grant bail. The trial court was directed to expedite the trial without undue delays.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and child marriage of a minor
  • Whether the alleged consent of a minor is valid under the applicable statutes
  • Whether the charges under the Bharatiya Nyaya Sanhita, POCSO Act and Prohibition of Child Marriage Act justify denial of bail

Legislation cited

Subjects

  • bail
  • POCSO
  • child marriage
  • minor
  • kidnapping
  • consent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85928 of 2025
                      Arising Out of PS. Case No.-37 Year-2025 Thana- Pastpar Pusthi District- Saharsa
                 ======================================================
                 Rambadan Yadav Son of Jogi Yadav Resident of Village - Mangrauni, Ward
                 no. 4, P.S. - Mahishi, District - Saharsa.

                                                                                       ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    X Son of Y R/o Village - Paharpur, Ward no. 15, P.S. - Pastpur, Dist. -
                 Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Binod Kumar Sinha, Advocate
                 For the State             :        Mr. Aditya Narayan Singh.1, APP
                 For the Informant         :        Mr. Buddhi Lal Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State as also learned counsel for the informant. Perused

                   the case diary.

                            2.      The petitioner seeks bail in connection with Special

                   POCSO Case No. 109 of 2025, arising out of Pastpar P.S. Case

                   No. 37 of 2025 instituted for the offence under Sections 137(2)

                   & 96 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 & 6 of

                   the POCSO Act and Section 9 of the Prohibition of Child

                   Marriage Act.

                            3.      Prosecution case, in a nutshell, is that accused

                   persons, including the petitioner, allegedly kidnapped the minor

                   daughter of the informant.
Patna High Court CR. MISC. No.85928 of 2025(3) dt.20-02-2026
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                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 27.07.2025. Petitioner

          bears no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired during investigation. As per statement of the

          victim recorded under Section 183 of the BNSS, 2023, it is

          submitted that she had gone with the petitioner at her own

          volition and had performed marriage with the petitioner. As per

          medical report, age of the victim is assessed to be between 17 to

          20 years.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is mainly

          submitted that victim is minor and police has submitted charge

          sheet in this case under Sections 137(2), 96 & 64(1) of the

          Bharatiya Nyaya Sanhita, 2023, Sections 4 & 6 of the POCSO

          Act and Section 9 of the Prohibition of Child Marriage Act.

                  7.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          victim is minor, hence, there is no value of consent in the eye of
           Patna High Court CR. MISC. No.85928 of 2025(3) dt.20-02-2026
                                                       3/3




                     law, moreover, charge sheet is submitted under Sections 137(2),

                     96 & 64(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 &

                     6 of the POCSO Act and Section 9 of the Prohibition of Child

                     Marriage Act, this Court is not inclined to grant bail to the

                     petitioner. Prayer for grant of bail is hereby rejected.

                             8.      The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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