Mukesh Yadav v. The State Of Bihar

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 ====================================================== 1.

Mukesh Yadav Son of Late Perdeshi Yadav @ Videshi Yadav Resident of Village - Gunjra, P.S. - Barari, District - Katihar 2.

Vikash Yadav @ Vikash Kumar Son of Late Perdeshi Yadav @ Videshi Yadav Resident of Village - Gunjra, P.S. - Barari, District - Katihar 3.

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

2. 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.

3. 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.

4. 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.

5. Learned APP for the State opposed the prayer for bail.

6.

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/- U T