Shaurabh Yadav @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5934 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== Shaurabh Yadav @ Saurav Kumar S/O Adhik Yadav R/O Village- Ramshir, P.S.- Kiul, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Kiul P.S. Case No. 20 of 2024, registered for the offences punishable under Sections 363/366(A) of the Indian Penal Code.

3. The allegation against the petitioner is to kidnap the minor grand-daughter of the informant aged about 17 years with intention to seduce or force her to solemnize marriage with another person.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No. 5934 of 2025(2) dt.15-02-2025 2/3 petitioner submitted that the victim recorded her statement under Section 164 of the Cr.P.C., where she categorically stated that she went on her own to Surat, Gujarat with petitioner and solemnized marriage with him. It is pointed out that from said statement, allegation of kidnapping or to seduce victim as to marriage with another person not appears available and, therefore, a prima facie case under Section 366A of the Indian Penal Code not appears made out. In support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Sat Parkash Vs. State of Haryana reported in 2015(16) SCC 475. It is also submitted by learned counsel that upon radiological examination, victim appears major on the date of occurrence.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of statement of victim as recorded under Section 164 of the Cr.P.C., where she clearly negate the allegation of kidnapping against petitioner, rather stated to solemnize marriage with petitioner out of her own

Patna High Court CR. MISC. No. 5934 of 2025(2) dt.15-02-2025 3/3 sweet will, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Lakhisarai/concerned Court, where the case is pending in connection with Kiul P.S. Case No. 20 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T