Patna High Court

CR. MISC./27250/2026 of Yashwant Kumar Yadav @ Yashwant kumar Vs The State of Bihar on 16 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27250 of 2026 Arising Out of PS. Case No.-587 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Yashwant Kumar Yadav @ Yashwant kumar S/o Lalan Yadav R/v- Bhatha Kachachariya Tola P.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27250 of 2026

Arising Out of PS. Case No.-587 Year-2025 Thana- SUGAULI District- East Champaran ======================================================

Yashwant Kumar Yadav @ Yashwant kumar S/o Lalan Yadav R/v- Bhatha Kachachariya Tola P.S. Sugauli, District- East Champaran

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

XYZ S/o- Mahadeo Yadav R/v- Bhatha Laxmipur Ps- Sugauli Dist- East Champaran

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Natraj Verma, Adv.

Mr. Sachina, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP

For the O.P. No.2

:

Mr. Abhishek Kumar, Adv.

Mr. Hemant Ray, Adv.

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

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR

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ORAL ORDER

16-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as O.P. No.2.

2. Learned A.P.P. for the State has submitted a report that O.P. No. 2 has been informed, let it be kept on record.

3. This application for anticipatory bail arises out of Sugauli P.S. Case No. 587 of 2025 for the offence punishable under Sections 137(2), 87 of the Bhartiya Nyaya Sanhita and Section 8/12 of the POCSO Act.

4. As per the allegation, the minor daughter of the informant, who happens to be the victim of the case, went to attend her coaching class but did not return till late hours and Patna High Court CR. MISC. No.27250 of 2026(3) dt.16-07-2026

queries were made, in course of search, the informant went to the doorsteps of the petitioner wherein accused persons started abusing. It has further been alleged that the informant gathered a suspicion that his victim daughter was kidnapped.

5. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. It has further been submitted referring to the statement of victim girl recorded under Section 183 B.N.S.S. which was called for by order dated 29.04.2026, wherein she has stated that she was in love with this petitioner, both went to Nepal and performed marriage there. It has further been submitted that in the statement recorded under Section 183 B.N.S.S., there is no element of enticing away or taking away against the petitioner. It has further been submitted that the victim was on the verge of majority and she was not of such a tender age so as to not understand the consequences.

6. Learned counsel for the State and learned counsel for the O.P. No. 2 has vehemently opposed the prayer of anticipatory bail of the petitioner and has submitted that informant was minor on the date of alleged offence and there is allegation of kidnapping against the petitioner for the purposes of marriage.

Patna High Court CR. MISC. No.27250 of 2026(3) dt.16-07-2026

7. Heard the parties and perused the record. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge- 6th-cum-Exclusive Special Judge POCSO Act, East Champaran at Motihari in connection with Sugauli P.S. Case No. 587 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Abdus/- (Praveen Kumar, J) U T

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