Abhishek Kumar Yadav @ Abhishek Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62715 of 2025 Arising Out of PS. Case No.-274 Year-2025 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Abhishek Kumar Yadav @ Abhishek Kumar Singh S/o Sri Ram Yadav Resident of Tilhatha, P.S.- Gahmar, Distt- Gazipur, U.P. at present R/o Esmriti Nagar C80, Gali No. 15 Bhilae, P.S.- Supela, Distt- Durg, Chattisgarh 2.
Amit Yadav S/o Sri Ram Yadav Resident of Tilhatha, P.S.- Gahmar, DisttGazipur, U.P. at present R/o Esmriti Nagar C80, Gali No. 15 Bhilae, P.S.- Supela, Distt- Durg, Chattisgarh 3.
Sri Ram Yadav S/o Late Ramashish Yadav Resident of Tilhatha, P.S.- Gahmar, Distt- Gazipur, U.P. at present R/o Esmriti Nagar C80, Gali No. 15 Bhilae, P.S.- Supela, Distt- Durg, Chattisgarh ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Indradev Singh Yadav R/o Vill- Padiyari Dera, P.S.- Kudhani, Distt- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Adv.
For the State :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 354, 323, 509/34 of the Indian Penal Code.
3. The allegation in the complaint arising out of a protest petition is that Amit Yadav (petitioner no.2) had induced the daughter-in-law of the complainant to go with him with an
Patna High Court CR. MISC. No.62715 of 2025(2) dt.15-09-2025 2/3 intention to marry along with cash and jewellery. The complainant, upon knowing of the incident, went to the house of Abhishek Kumar Singh (petitioner no.1) where he was assaulted upon.
4. Learned counsel for the petitioners, at the outset, submits that the complainant had earlier lodged an FIR with regard to the present incident of missing of his daughter-in-law in which final form was submitted and thereafter, the protest petition filed on his behalf was treated as the present complaint. It is also submitted that while petitioner no.3 is the brother-inlaw of the complainant, petitioner nos. 1 & 2 are the nephews (bhagina) of the complainant and the allegation, even if taken on the face value, does not constitute any offence under Section 354 of the Indian Penal Code which is the only non-bailable offence alleged.
5. Learned APP for the State, however, opposes the prayer for anticipatory bail.
6. Taking into consideration the facts and circumstances of the case and also considering that the petitioners are the relatives of the complainant and the Investigating Agency has already found the petitioners to be innocent and the case is proceeding upon a protest/complaint, let the petitioners, above
Patna High Court CR. MISC. No.62715 of 2025(2) dt.15-09-2025 3/3 named, who have no criminal antecedent, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (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 Complaint Case No. 274 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T