Patna High Court
Azad Manjhi @ Ajad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to bail as the elements of the offence under Section 96 were not established.
Summary
The petitioner, Azad Manjhi, applied for regular bail in a case registered under Section 96 of the B.N.S. for allegedly abducting a 17‑year‑old girl with the intent to marry her. The prosecution alleged that the petitioner, along with his brother, enticed and kidnapped the victim, who had left home on 16‑06‑2025. The petitioner’s counsel argued that the victim voluntarily joined the petitioner, went to Chennai of her own free will, and that there was no element of "enticing away" or "taking away" required under Section 96; the petitioner also had no prior criminal record. The State opposed bail, contending the allegations of abduction. After considering the victim’s statement recorded under Section 183 of the B.N.S. and the facts, the court found that the elements of the offence were not established and granted bail on a bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 96 of the B.N.S. in the alleged abduction case
- Whether the facts satisfy the elements of "enticing away" and "taking away" under Section 96
- Whether the victim's statement under Section 183 negates criminal intent and justifies bail
Legislation cited
- B.N.S. — s. 183, 96
Subjects
- regular bail
- abduction
- kidnapping
- Section 96
- Section 183
- minor
- consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10572 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- ROH District- Nawada
======================================================
Azad Manjhi @ Ajad Kumar S/O Prakash Manjhi R/O Village- Dularpur,
P.S.- Kadirganj, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Adv
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Roh P.S. Case No. 211
of 2025 registered for the offences punishable under Sections 96
of the B.N.S.
3. As per the prosecution case, the daughter of the
informant, who happens to be the victim of the case, aged about
17 years, left house on 16.06.2025, saying that she was going to
market, but in return she did not return. After a search,
informant came to know that this petitioner enticed away his
daughter and abducted her with intention of marrying her, while
brother of this petitioner, Bablu Manjhi, was also involved in the
abduction of the informant’s daughter.
Patna High Court CR. MISC. No.10572 of 2026(3) dt.01-04-2026
2/3
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Learned counsel of the petitioner has submitted that in
the statement of the victim recorded under Section 183 of the
BNSS the victim has stated that she on her own sweet will,
joined the company of this petitioner and went to Chennai and
the petitioner had no hands in kidnapping and what was done
under her consent. Learned counsel for the petitioner has further
submitted that there is no element of “enticing way” away or
“taking away” so as to constitute offence under Section 96 of
the BNS and the victim is under verge of majority. It has lastly
been submitted that the petitioner has no criminal antecedent
and is in custody since 04.10.2025
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, as well as statement of the victim recorded under Section
183 of the BNSS let the petitioner above-named, be enlarged on
bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Court concerned, Nawada in connection
Patna High Court CR. MISC. No.10572 of 2026(3) dt.01-04-2026
3/3
with Roh P.S. Case No. 211 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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