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Patna High Court

Boa @ Babul @ Babul Yadav @ Boa Kumar @ Babu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      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


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