Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 352, 96
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
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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
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under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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