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Patna High Court

Dinesh Yadav @ Dinesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.90128 of 2025(3) dt.23-02-2026
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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
Patna High Court CR. MISC. No.90128 of 2025(3) dt.23-02-2026
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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;
              Patna High Court CR. MISC. No.90128 of 2025(3) dt.23-02-2026
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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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