Patna High Court
Dinesh Yadav @ Dinesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted as the petitioners were not prima facie implicated and there was no likelihood of them interfering with the investigation.
Summary
The petitioners – Dinesh Yadav, Indrajit Yadav and Mamta Devi – sought anticipatory bail fearing arrest in a kidnapping case (PS Kaluahi Case No. 85 of 2025) filed under Sections 137(2), 87, 96 and 3(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged that they abducted a 17‑year‑old girl, the informant’s daughter, while the petitioners claimed they were falsely implicated due to a personal dispute involving the informant’s son. The victim’s statement, recorded under Section 183, indicated she voluntarily went to her maternal grandmother’s house and did not implicate the petitioners. The court examined the statement, the lack of prima facie evidence of the petitioners’ involvement, and the existence of a compromise petition filed earlier. Finding no material to suggest the petitioners would tamper with evidence or flee, the court granted anticipatory bail with standard conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bhartiya Nyaya Sanhita in the absence of prima facie evidence of kidnapping
- Whether the victim’s statement negates any complicit participation by the petitioners
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses
Legislation cited
- Bhartiya Nyaya Sanhita — s. 137(2), 183, 3(5), 482(2), 87, 96
Subjects
- anticipatory bail
- kidnapping
- prima facie evidence
- Bhartiya Nyaya Sanhita
- bail conditions
- victim statement
- compromise petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90128 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
1. Dinesh Yadav @ Dinesh Kumar Yadav Son of Late Ram Kishun Yadav
Resident of Village- Barkhor, PS- Kaluahi, District- Madhubani
2. Indrajit Yadav @ Indrajit Kumar Yadav son of Bhogi Yadav Resident of
Village- Barkhor, PS- Kaluahi, District- Madhubani
3. Mamta Devi @ Mamata Devi Wife of Dinesh yadav Resident of Village-
Barkhor, PS- Kaluahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Adv.
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Kaluahi P.S. Case No. 85 of 2025 dated
02.06.2025 registered for the offence punishable under Sections
137(2), 87, 96, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, the petitioners are
accused of kidnapping the 17 years old daughter of the
Informant from her house.
4. Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
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present case with an ulterior motive. It has next been submitted
that there was a lover affair between Ravi Shankar Kumar, who
is the son of the petitioner no.1, which was within the
knowledge of the Informant but, as he was against the love
affair, he has implicated all the family members in this case. He
further submits that a compromise petition has also been filed
before the learned Judicial Magistrate, First Class, Madhubani
on 08.10.2025 and the dispute between the parties stands
amicably resolved.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
4. In this case, the case diary was called for and
the statement, which is said to have been recorded by the
Informant, has also been appended with the case diary and, from
perusal of the same, it appears that the complicity of the
petitioners have not been indicated in the alleged incident, while
the victim has specifically stated that she herself went to her
matrimonial grand-mother’s house. From the contents of the
statement of the victim girl, it appears that the there is no
complicity of the petitioners in the entire occurrence.
6. Having heard learned counsel for the parties and
considering the fact that prima faice the petitioners have not
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been found to be involved in the alleged occurrence as also
taking into account the statement of the victim girl recorded
under Section 183 of the B.N.S.S., this Court is inclined to grant
privilege of anticipatory bail to the petitioners.
Accordingly, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-V, Jhanjharpur, Madhubani in connection with Kaluahi
P.S. Case No. 85 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member /relative /known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona
fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
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(iii) the petitioner(s) shall in no way try to induce
or promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(Ajit Kumar, J)
rishi/-
U T
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