Patna High Court

Mandip SahversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Mandip Sah was arrested in a case alleging offences under Sections 363, 366(A), 380 and 34 of the IPC for allegedly enticing away the informant's daughter for marriage. The petitioner claimed that the relationship was consensual, that they were adults, and that they had married and had a child. The State opposed the petition for anticipatory bail, arguing the seriousness of the alleged offences. The Court, noting the voluntary nature of the relationship and the presence of a child, granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed verification of the petitioner’s criminal antecedents and stipulated cancellation of bail if concealment is found.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged kidnapping, theft and robbery under IPC sections 363, 366(A), 380 and 34.
Whether the voluntary nature of the relationship and the existence of a child negate the seriousness of the alleged offences for bail purposes.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 34, 363, 366A, 380

Subjects

anticipatory bail
Indian Penal Code
Section 363
Section 366A
Section 380
Section 34
Criminal Procedure Code
Bharatiya Nagarik Suraksha Sanhita
love marriage
bail conditions
Jamui

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16956 of 2026
                   Arising Out of PS. Case No.-74 Year-2024 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
                 Mandip Sah S/O Chhavi Sah R/O Village - Dudhaniya, Police Station -
                 Chandra Mandih, District- Jamui

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pankaj Kumar Sinha
                 For the Opposite Party/s :     Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 363,

                   366(A), 380 and 34 of the IPC in connection with

                   Chandramandih P.S.Case No. 74 of 2024.

                                3. As per the allegation, the petitioner enticed away

                   the daughter of the informant for the purpose of marriage.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner and the daughter of the informant

                   both are adults and their love and affection bloomed to such an

                   extent that they performed marriage out of their sweet will.

                                5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.16956 of 2026(2) dt.25-03-2026
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          anticipatory bail of the petitioner.

                       6. Considering the fact that the petitioner and the

          daughter of the informant were in love affairs and out of the

          wedlock, they are blessed with a baby that itself indicates that

          the informant’s daughter is happily and voluntarily living with

          the petitioner. Under these circumstances, I am inclined to grant

          the privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate Jamui in

          connection with Chandramandih P.S.Case No. 74 of 2024,

          subject to the conditions laid down under section 438(2) of the

          Code of Criminal Procedure/Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 and subject to further condition

          that :-

                       (i) the petitioner shall co-operate in the investigation/

          trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court
           Patna High Court CR. MISC. No.16956 of 2026(2) dt.25-03-2026
                                                       3/3




                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T

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