Created by Fuzzy Cloud

Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Manish Kumar was arrested in a case registered under Sections 137(2), 96, 352 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly abducting the minor daughter of an informant. The petitioner contended that the girl, who claimed to be 19 years old, voluntarily stayed with him and made no allegation against him, and that he is a 19‑year‑old with no criminal record. The State and the second opposite party opposed bail on the ground that the victim is a minor. The court, after considering the victim’s statement, the petitioner’s age, clean antecedent and the circumstances, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

  • Whether bail should be granted to an accused charged with kidnapping a minor under the Bharatiya Nyaya Sanhita.
  • Whether the victim’s status as a minor precludes the grant of bail.
  • Whether the petitioner’s claim of innocence, clean antecedent and the victim’s voluntary statement justify bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12397 of 2026
                  Arising Out of PS. Case No.-230 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Manish Kumar S/o Vakil Ray R/o vill- Chakki Chamtha, P.S- Bachhwara,
                 District- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Vinod Paswan S/o Ramchhavi Paswan R/o village - Chakki Chamtha, P.S.-
                 Bachhwara, Distt.- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Sunil Kumar Singh, Advocate
                 For the State             :      Mr. Satya Nand Shukla, APP
                 For the O.P. No. 2        :      Mr. Kaushal Kishor, Advocate
                                                  Ms. Jyoti Kumari, Advocate
                                                  Mr. Rajeev Kumar Patel, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   06-05-2026                           Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the O.P. No.2.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 137(2), 96, 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                    3. As per the F.I.R., it is alleged that petitioner and

                   others took away the minor daughter of the informant with bad

                   intention.

                                    4.     Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that
Patna High Court CR. MISC. No.12397 of 2026(5) dt.06-05-2026
                                            2/3




          the victim girl herself went with the petitioner and was residing

          with him. She was living with the petitioner with her own will

          and this fact has been stated by the victim in her statement. The

          victim herself stated her age 19 years and the Court concerned

          has assessed her age about 16 years. He next submits that the

          victim has not made any allegation against the petitioner.

          Petitioner is a young boy, aged about 19 years, having no

          criminal antecedent and he undertakes to cooperate in the

          investigation and trial.

                          5. Learned A.P.P. for the State and learned counsel

          for the O.P. No. 2 opposed the prayer for bail and submitted that

          the victim girl is minor.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties,

          statement of the victim girl, age of the petitioner and his fair

          antecedent, let the above named petitioner be released on bail, in

          the event of arrest or surrender before the learned court below

          within a period of six weeks from today, on furnishing bail bond

          of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Judicial

          Magistrate-I, Samastipur in connection with Sarairanjan P.S.

          Case No. 230 of 2025, subject to the conditions as laid down
            Patna High Court CR. MISC. No.12397 of 2026(5) dt.06-05-2026
                                                        3/3




                      under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.