Patna High Court
Gautam Kumar @ Goutam MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners Gautam Kumar, Jitendra Kumar and Mithilesh Kumar were implicated in a 2019 complaint (Case No. 243) alleging kidnapping, theft and criminal conspiracy under IPC sections 363, 366, 379 and 120B. The complainant claimed the accused abducted Ranjana Devi and forced her into prostitution, leading to an FIR. The petitioners contended that they were in a consensual relationship with Ranjana Devi, had no prior criminal record, and were willing to cooperate with the trial. One anticipatory bail application was withdrawn, and the remaining petitioners sought anticipatory bail under Section 438 of the CrPC. Considering the lack of antecedent, the presence of Ranjana Devi as an accused, and the petitioners’ willingness to appear, the Court granted anticipatory bail with monetary and procedural conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC despite allegations of kidnapping, theft and criminal conspiracy.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 120B, 363, 366, 379
Subjects
- anticipatory bail
- Section 438
- IPC
- kidnapping
- theft
- criminal conspiracy
- bail conditions
- relationship dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13961 of 2026
Arising Out of PS. Case No.-243 Year-2019 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. Gautam Kumar @ Goutam Mandal S/O Manoj Mandal R/O Village-
Karshop, PS- Shambhuganj, Distt-Bhagalpur
2. Jitendra Kumar @ Jitendra Mandal S/O Manoj Mandal R/O Village-
Karshop, PS- Shambhuganj, Distt-Bhagalpur
3. Mithilesh Kumar @ Mithilesh Mandal @ Alok Mandal S/O Parmeshwar
Mandal R/O Village- Karshop, PS- Shambhuganj, Distt-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Yadav S/O Naresh Yadav R/O Village- Awash Board Colony Barari,
PS- Barari, Distt-Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 24-06-2026 Heard Mr. Rajive Ranjan Singh, learned Counsel
for the petitioners, learned APP for the State and Mr. Manoj
Kumar Jha for the informant.
2. At the outset, learned counsel for the petitioner
prays for and is allowed to withdraw the anticipatory bail
application of petitioner no. 3, Mithilesh Kumar @ Mithilesh
Mandal @ Alok Mandal.
3. His anticipatory bail stands rejected as dismissed as
withdrawn.
4. The petitioners apprehend their arrest in connection
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with Bhagalpur Complaint Case No. 243 of 2019 for the offence
registered under sections 363, 366, 379, 120B of the IPC.
5. As per the complainant, he solemnized with
Ranjana Devi (also an accused) and out of the wedlock, two
children arrived in this world. The allegation is that on
28.08.2018, the named accused persons took her away. She had
a month later and again on 20.01.2019, she left the place for
Jalandhar along with cash and jewellery. Later, he received
telephonic conversation with Ranjana Devi who informed that
she is in Jalandhar and they are forcing her into prostitution.
This led to the FIR.
6. Learned Counsel for the petitioners submit that
petitioner nos. 1, Gautam Kumar and Ranjana Devi entered into
relationship, left for Jalandhar and are living happily but only to
bring her back, the entire story has been made and in the
process, despite having no criminal antecedent, he along with
his brother (petitioner no. 2) are now in the list of accused
besides Ranjana Devi. They are ready to co-operate/appear in
the trial.
7. The informant is appearing in this case and as per
him, both Ranjana Devi and Gautam Mandal are married and
despite having children, the present state of affair is that the lady
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is still away to Jalandhar along with Gautam Mandal.
8. Taking into account the submissions of the parties
as also the fact that has emerged, Ranjana Devi herself is in the
list of accused, these petitioners have no criminal antecedent,
are ready to face the trial, in that background, this Court is
inclined to grant them the anticipatory bail with conditions.
9. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned J.M. 2 nd
Class, Bhagalpur in connection with Bhagalpur Complaint Case
No. 243 of 2019 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
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(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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