PATNA HIGH COURT
SATYAVRAT VERMA, J
Nakat Yadav @ Nageshwar Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.65656 of 2025
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 09-12-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Sri Chandra Bhushan Prasad. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 , 366A of the Indian Penal Code .
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case, petitioner nos. 2 and 4 are persons with clean antecedent and petitioner no.3 has antecedent of two cases and the informant alleges that on 31-7-
2023 at about 4:30 pm, accused Aditya along with Nakat kidnapped her minor daughter aged about 15 years from home, while Shankar and Shashibhushan kept the vehicle started on the road and took her daughter on pint of pistol towards Shivkhpura, further Guddu also took Rs. 4,000/- along with silver jewellery from the house, it is next alleged that about an year back, Aditya had kidnapped her daughter on pretext of marriage and exploited her physically and also made inappropriate video viral.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that informant wanted the victim to get married to Aditya, the son of petitioner no.1. It is further submitted that since Aditya and the victim were minor, as such the petitioner no.1 was not interested in getting the marriage done, as such Aditya was kidnapped for which petitioner no. 1 had instituted a Complaint Case No. 1101C of 2022, based on which Chandradeep PS Case No. 216 of 2022 was instituted against the informant and his side. It is submitted that Aditya was kidnapped as the informant and his side intended to get him married to the victim forcefully. It is next submitted that after Chandradeep PS Case No. 216 of 2022 was instituted, Aditya was handed over to the police by the side of the informant. It is further submitted that petitioner nos. 1, 2, 3 and 4 are father, maternal brother, maternal uncle and cousin brother of Aditya, as such they came to be implicated in the instant case. It is also submitted that victim came back and her statement was recorded under Section 164 Cr.P.C, wherein she has supported the case of the prosecution but then from perusal of her statement as recorded at para-16 of the anticipatory bail application, it would manifest that it appears that under parental pressure, she got her statement recorded as she does not even remotely allege that petitioners or Aditya in any manner committed any inappropriate act rather has stated that on 31-7- 2023 Aditya on pretext of marriage along with his brother, father and others took her to Pune by train and there they left her at Chakan Crossings and she stayed at Pune from 31-7-2023 till she came back all alone, but then was not able to talk to her parents, apart from other facts. It is also submitted that petitioners will not abscond rather will co-operate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned 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 Pakaribaraw P.S. Case No. 342 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS .
(Satyavrat Verma, J)
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