Created by Fuzzy Cloud

Patna High Court

Pankaj Kumar Yadav @ Pankaj YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.