Sharwan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72662 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SUKHANI District- Kishanganj ====================================================== Sharwan Yadav, S/o- Puran Yadav, R/v- Bhesloti, P.S.- Kurlikot DistrictKishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Sukhani P.S. Case No. 30 of 2025 registered for the offence punishable under Sections 137(2), 140(3), 96 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the son of the petitioner Ritik Yadav along with his family members has kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that the main thrust of allegation is against Ritik Yadav. Petitioner is the father. It has also been submitted that the victim has solemnized
Patna High Court CR. MISC. No.72662 of 2025(3) dt.13-01-2026 2/3 marriage with Ritik Yadav. Petitioner has been implicated in this case only on the ground that he is father of the main accused Ritik Yadav. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 12.05.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. During course of hearing, learned counsel for the petitioner has also mentioned the statement of the victim under Section 183 of the B.N.S.S. It is very strange that how the learned counsel for the petitioner has got the copy of the statement of the victim. The statement of the victim under Section 183 of the B.N.S.S. in POCSO cases has to be kept in closed envelop and its copy has not to be provided to any person. There is latches on the part of the trial Court and its office.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case and as the petitioner is the father of the main accused, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.72662 of 2025(3) dt.13-01-2026 3/3 Magistrate, Kishanganj in connection with Sukhani P.S. Case No. 30 of 2025.
8. Learned trial Court is directed to conduct an inquiry as to how the copy of the statement of the victim has been issued or given to the learned counsel for the petitioner. (Ashok Kumar Pandey, J) lata/- U T