Patna High Court
Pankaj Kumar Yadav @ Pankaj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Petitioner Pankaj Kumar Yadav was accused of abducting a 16‑year‑old girl for marriage, stealing jewellery and cash, and assaulting the informant’s family. He applied for anticipatory bail, contending that the victim’s statement under Section 183 of the Bharitya Nagrik Suraksha Sanhita showed she left home voluntarily, married him, and is now pregnant, and that he has no prior criminal record. The State and the informant opposed the bail, citing offences under Sections 137(2), 126(2), 351(2), 351(3), 352, 303(2) and 3(5) of the same statute. The court considered the victim’s statement, the seriousness of the allegations, and the provisions of Section 482(2) for bail. It granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with the conditions imposed. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of kidnapping, theft, and assault.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the alleged offences.
- Whether Section 482(2) of the B.N.S.S. permits the court to grant anticipatory bail in the present circumstances.
Subjects
- anticipatory bail
- kidnapping
- child marriage
- theft
- Section 182
- Section 183
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9335 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
Pankaj Kumar Yadav @ Pankaj Yadav S/O Ganesh Yadav Resident of
Village- Harakhpura Ward No. 4, P.S.- Garhpura, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem
For the Informant : Mr. Shivam Prerna, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The Petitioner is apprehending his arrest in
connection with Garhpura P.S. Case No. 17 of 2025 registered
for the offences punishable under Sections 137(2), 126(2),
351(2), 351(3), 352, 303(2) and 3(5) of the BNS.
3. As per the prosecution case, the minor daughter of
the informant, aged about 16 years, was abducted by the
petitioner for the purpose of marriage. It is further alleged that
gold jewellery and a cash amount of Rs. 1,25,000/-, which had
been kept for the marriage of the informant’s elder daughter,
were also taken by the said minor. It is further alleged that when
Patna High Court CR. MISC. No.9335 of 2026(3) dt.22-04-2026
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the informant, along with his family members, went to the house
of the petitioner, they were abused.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted that the statement of the
victim recorded under Section 183 of the BNSS, which was
called for by order dated 12.03.2026 wherein she has clearly
stated that she left her house on her own, went to the jungle,
called the petitioner, and thereafter both of them went to
Bangalore. It is further stated that they solemnized their
marriage, and the victim has claimed that she is pregnant out of
the said wedlock with the petitioner. Moreover, the victim girl is
on the verge of attaining majority and she was not of such
tender age so as to not understand the consequences of her
action. Lastly, it has been submitted that the petitioner has clean
criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and particularly the statement of the victim girl
recorded under Section 183 of the B.N.S.S, let the above named
Patna High Court CR. MISC. No.9335 of 2026(3) dt.22-04-2026
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petitioner, in the event of his arrest/surrender within a period of
six weeks from today, be enlarged on anticipatory bail on
furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court concerned, Begusarai, in connection with
Garhpura P.S. Case No. 17 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharitya Nagrik Suraksha
Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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