Brijnandan Yadav @ Brajnandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45282 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Brijnandan Yadav @ Brajnandan Kumar S/O Ramprasad Yadav Resident of village- Gabhirar, PO- Gabhirar, PS- Raghunathpur, District- Siwan 2.

Premana Devi W/O of Ramprasad Yadav Resident of village- Gabhirar, POGabhirar, PS- Raghunathpur, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ayush Kumar, Adv For the Opposite Party/s :

Mr.Abhay Kumar, APP Mr. Ajay Kumar Tiwary, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2025 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 2 is mother of petitioner No. 1. It is next submitted that the informant alleges that on 20-2-2025 at 11 am, the accused persons including the petitioners enticed and took her daughter to an unknown place with an intent to marry, further the victim

2/4 while leaving took Rs. 30,000/- along with gold and silver ornaments.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that victim while leaving her house took Rs. 30,000/- along with gold and silver ornaments, which amply demonstrates that she eloped with petitioner No. 1 as they were in love. It is asserted and submitted that victim is a major. It is next submitted that victim came back and thereafter under parental pressure, her statement was recorded under Section 183 BNSS, wherein she stated that petitioner No.

1 along with his friend Rohit came and said that he intends to marry her and thereafter they went to Balia, where they established physical relation, further on 22-2-2025, she along with Brijnandan and Rohit came to Purnia where Brijnandan had taken a room on rent, further Brijnandan on pretext of getting grocery went and did not come back and she was confined in a room of a woman, thereafter she met a girl on 21-3-2025 and from there she came back to Siwan. Learned counsel for the petitioner submits that the statement was made under parental pressure.

3/4 the petitioner No. 1 abducted her in that event the victim would not have taken Rs. 30,000/- along with gold and silver ornaments with her.

5.

It is submitted that petitioner is still willing to marry the victim and the said submission was made before this court on 15-10-2025, when the case was taken up and a learned Co-ordinate Bench had directed the learned counsel for informant to seeks instruction from the informant with regard to posting this matter before the Mediation and Reconciliation Centre, Patna High Court, for exploring the possibility of settlement between the parties.

6.

Learned counsel for the informant submits that despite his best endeavours, he could not contact the informant nor the informant ever contacted him, on which the learned counsel for the petitioner submits that that amply demonstrates the conduct of the victim. It is also submitted that even mother of the petitioner No. 1 was implicated for reasons best known to the victim.

7.

Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.

8.

Considering the submissions made by the learned

4/4 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Raghunathpur P.S. Case No. 67 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T