Patna High Court
Boa @ Babul @ Babul Yadav @ Boa Kumar @ Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond and specific conditions.
Summary
Petitioner Boa Yadav, arrested on 27 May 2025 in connection with a kidnapping case (PS Basanhi Case No. 133 of 2024) under Sections 137(2), 96, 3(5) of the Bharatiya Nyay Sanhita, 2023, applied for bail. He contended that he had married the alleged victim in a temple on 14 July 2024, that the victim’s statement under Section 183 BNSS corroborated the marriage, and that he had a clean antecedent. The prosecution opposed bail, maintaining the seriousness of the kidnapping allegation. The Court, after hearing counsel for both sides, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for antecedent verification and that any breach could lead to cancellation.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under the Bharatiya Nyay Sanhita, 2023, considering the alleged marriage and victim’s statement.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 183, 3(5), 96
- POCSO Act
Subjects
- bail
- kidnapping
- marriage
- criminal antecedent
- Bharatiya Nyay Sanhita
- POCSO Act
- Section 183
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87666 of 2025
Arising Out of PS. Case No.-133 Year-2024 Thana- BASANHI District- Saharsa
======================================================
Boa @ Babul @ Babul Yadav @ Boa Kumar @ Babu Kumar Son of Panchu
Yadav Resident Of Village- Khajuraha Ps- Sonbarsa District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident Of Village-and Po- Mokma Suthniya Ward no. 1, Ps-
Basanhi, Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 02-04-2026 Despite valid service of notice, no one appeared on
behalf of Informant.
2. Heard Mr. Diwakar Prasad Singh, learned counsel
for the petitioner as well as Mr. Tarun Prasad Mandal, learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
27.05.2025 in connection with Basnahi P.S. Case No. 133 of
2024, F.I.R. dated 16.07.2024 for the offences punishable under
Sections 137(2), 96, 3(5) of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, it is alleged that the
petitioner along with other accused persons kidnapped the
daughter of the informant, aged about 17 years.
Patna High Court CR. MISC. No.87666 of 2025(4) dt.02-04-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Infact the petitioner was in love
with the victim girl and he had performed marriage with the
petitioner in a temple on 14.07.2024 in presence of family
members of both the parties and now the couple is blessed with
a child the victim is residing in house of the petitioner with full
honor and dignity and apart from that the victim in her
statement recorded under Section 183 BNSS did not support the
case of the prosecution and she has categorically stated that she
has performed marriage with the petitioner. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
27.05.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge POCSO Act, Saharsa in connection with Basnahi P.S.
Case No. 133 of 2024, subject to the following conditions:-
Patna High Court CR. MISC. No.87666 of 2025(4) dt.02-04-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…