Patna High Court
Diwakar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted as the victim’s statement did not establish a prima facie case of illegal abduction and the petitioner had been in custody for a considerable period.
Summary
Diwakar Manjhi was charged under Section 96 of the Bharatiya Nyaya Sanhita, 2023 for allegedly abducting a minor with intent to marry her. The victim’s statement under Section 183 BNSS indicated she was kept in the accused’s house for a month but no illegal act was proven, and she refused a medical examination. The petitioner claimed false implication, a consensual love affair, and lack of prior criminal record. The State opposed bail, but the court considered the victim’s statement, the length of custody, and the absence of concrete evidence of a crime. Consequently, the court granted bail on a cash bond and surety, subject to conditions of appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 96 of the Bharatiya Nyaya Sanhita, 2023 in view of the victim’s statement recorded under Section 183 BNSS.
- Whether the alleged abduction of a minor constitutes a non‑bailable offence warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 96
Subjects
- bail
- kidnapping
- minor
- Section 96 BNSS
- Section 183 BNSS
- criminal procedure
- false implication
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80921 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Diwakar Manjhi son of Pintu Manjhi @ Pintu Kumar Manjhi Resident Of
Village- Patedhi, ps- Madhowrah, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Chapra
Muffasil P.S. Case No. 261 of 2025 instituted for the offences
under Section 96 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner along
with other co-accused has taken away the minor daughter of the
informant with intention to marry her.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. On recovery, the
statement of the victim has been recorded under Section 183 of
BNSS in which she, however, has supported the allegation made
in the F.I.R. but only stated that petitioner kept her in his Mausi
Patna High Court CR. MISC. No.80921 of 2025(3) dt.20-02-2026
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house till one month, but no illegal act has been committed by
the petitioner. He further submits that victim has denied to
undergo medical examination. The date of occurrence is
11.05.2025 and F.I.R. has been lodged on 15.05.2025 for which
no cause of delay has been explained. He further submitted that
there is love affair between the victim and the petitioner. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 03.07.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the statement of victim
recorded under Section 183 of BNSS, as also the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chapra Muffasil P.S.
Case No. 261 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
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(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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