Patna High Court
CR. MISC./42738/2026 of Sanjay Kumar Yadav @ Sanjay Yadav Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42738 of 2026 Arising Out of PS. Case No.-05 Year-2025 Thana- FULKAHA District- Araria ====================================================== 1. Sanjay Kumar Yadav @ Sanjay Yadav S/o Vijay Yadav Resident of Bhangahi, Ward No.- 10, P.S.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42738 of 2026
Arising Out of PS. Case No.-05 Year-2025 Thana- FULKAHA District- Araria
======================================================
1.
Sanjay Kumar Yadav @ Sanjay Yadav S/o Vijay Yadav Resident of Bhangahi, Ward No.- 10, P.S. Fulkaha, District - Araria
2.
Rabita Devi W/o Sanjay Kumar Yadav Resident of Village -Bhangahi, Ward No.- 10, P.S.- Fulkaha, District - Araria
3.
Ram Narayan Yadav S/o Late Mishri Yadav Resident of Village- Bhoriyari, P.S.- Farani, District - Farani (Nepal). At Present Village - Bhangahi, Ward No.-10, P.S.- Fulkaha, District- Araria
4.
Jaso Devi W/o Ram Narayan Yadav Resident of Village- Bhoriyari, P.S.- Farani, District - Farani (Nepal). At Present Village - Bhangahi, Ward No.- 10, P.S.- Fulkaha, District- Araria
5.
Anjali Kumari @ Nirashi D/o Ram Narayan Yadav Resident of Village- Bhoriyari, P.S.- Farani, District - Farani (Nepal). At Present Village - Bhangahi, Ward No.-10, P.S.- Fulkaha, District- Araria
6.
Mitthu Kumar Yadav @ Mithu Kumar Yadav S/o Jhabbar Yadav Resident of Village - Chakardaha, Palasi, P.S.- Narpatganj, District - Araria.
7.
Sangita Devi @ Sanjita Devi @ Sangiti Devi W/o Mithu Kumar Yadav Resident of Village - Chakardaha, Palasi, P.S.- Narpatganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
15-07-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The Investigating Officer of the case in compliance of the order dated 13.07.2026 is present in the Court.
3. The petitioners apprehend their arrest in a case Patna High Court CR. MISC. No.42738 of 2026(3) dt.15-07-2026
registered for the offences punishable under Sections 61(2), 140(3), 142, 318, 352, 335, 336(3), 337 and 3(5) of the BNS, 2023.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are persons with clean antecedent and petitioners No. 2, 4, 5 and 7 are women and the informant alleges that his son Gopal is mentally retarded, the accused persons including the petitioners enticed and abducted Gopal and he came to know about the occurrence through WhatsApp as he saw his son in bridegroom dress with a woman, further Anjali took him to Nepal where she married him based on fake name.
5. Learned counsel appearing on behalf of the petitioners submits petitioners have been falsely implicated in the instant case by the informant being related to Gopal, it is further submitted Gopal and Anjali are adults and they have performed their marriage, it is next submitted Gopal is not mentally retarded, it is also submitted that Gopal came back and presently is staying with his family.
6. On query of the Court from the Investigating Officer with regard to Gopal, it is submitted that Gopal is not differently abled and has come back and is staying with his Patna High Court CR. MISC. No.42738 of 2026(3) dt.15-07-2026
family and married Anjali.
7. Learned A.P.P. for the State also fairly submits that it appears to be a case of false implication.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fulkaha P.S. Case No. 05 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
9. The personal appearance of the Investigating Officer of the case is dispensed with.
10. The application stands allowed.
Nitesh/- (Satyavrat Verma, J) U T