Mukesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Mukesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail in the event of arrest or surrender before the learned Court below within four weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the condition under 482(2) of the BNSS, in connection with Barari P.S. Case No.253 of 2024.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Barari P.S. Case No. 253 of 2024 registered for offences punishable under Sections 137(2), 96, 351(3) and 3(5) of the B.N.S., should be released on bail in the event of arrest or surrender.

Court's answer

Taking into consideration the facts and circumstances of the case and the victim girl's statement recorded under Section 183 B.N.S.S., the Court directed that the above-named petitioners be released on bail in the event of their arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the condition laid down under 482(2) of the BNSS.

Detailed headnote1 paragraphs

Patna High Court, oral order dated 11-08-2025 (Soni Shrivastava, J), in Criminal Miscellaneous No.5428 of 2025 arising out of Barari P.S. Case No. 253 of 2024 (District Katihar), registered for offences punishable under Sections 137(2), 96, 351(3) and 3(5) of the B.N.S.: anticipatory bail allowed to the three applicant brothers (Mukesh Yadav, Vikash Yadav @ Vikash Kumar, Rohit Yadav @ Rohit Kumar Yadav), submitted by counsel to be brothers of Bhola Yadav, against whom the FIR alleges enticing and kidnapping of the informant's minor daughter for marriage after a WhatsApp photograph of her marriage reached the informant's son. Bail granted considering the seven-day delay in lodging the FIR (occurrence 23.08.2024; FIR 30.08.2024) without plausible reason, and the victim girl's statement under Section 183 B.N.S.S. which does not name the petitioners and records that of her own sweet will she eloped with Bhola Yadav and solemnized marriage with him. Release ordered in the event of arrest or surrender before the Court below within four weeks, on a bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the condition under 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5428 of 2025

Arising Out of PS. Case No.-253 Year-2024 Thana- BARARI District- Katihar

======================================================

Mukesh Yadav Son of Late Perdeshi Yadav @ Videshi Yadav Resident of Village - Gunjra, P.S. - Barari, District - Katihar

Vikash Yadav @ Vikash Kumar Son of Late Perdeshi Yadav @ Videshi Yadav Resident of Village - Gunjra, P.S. - Barari, District - Katihar

Rohit Yadav @ Rohit Kumar Yadav Son of Late Perdeshi Yadav @ Videshi Yadav Resident of Village - Gunjra, P.S. - Barari, District - Katihar

... ... Petitioners.

Versus The State of Bihar. ... ... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

5 11-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 137 (2), 96, 351(3), 3(5) of the B.N.S.

The allegation in the first information report is that the minor daughter of the informant went missing in the night and could not be traced out upon search. Thereafter, the informant’s son received photo of marriage of her sister on whatsapp with one Bhola Yadav against whom there is allegation of enticing and kidnapping the victim for the purpose of marriage.

It is submitted by learned counsel for the petitioners that the petitioners are brothers of the said Bhola Yadav. The present case has been lodged for an occurrence which

Patna High Court CR. MISC. No.5428 of 2025(5) dt.11-08-2025 2/2

took place on 23.08.2024, whereas the F.I.R. was lodged on 30.08.2024, after a delay of seven days without assigning any plausible reason for the same. The victim girl in her statement recorded under Section 183 B.N.S.S. has not named the petitioners, rather she has stated that out of her sweet will she eloped with Bhola Yadav and solemnized marriage with him.

Learned APP for the State opposed the prayer

for bail.

Taking into consideration the facts and circumstances of the case and the statement of the victim girl recorded under Section 183 B.N.S.S., 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 four 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 lower Court where the case is pending/successor Court in connection with Barari P.S. Case No.253 of 2024, subject to the condition as laid down under 482 (2) of the BNSS.

(Soni Shrivastava, J)

Trivedi/-

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