Patna High Court
Manish Paswan @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Manish Paswan was arrested in connection with a case under sections 137(2) and 140(3) of the Bhartiya Nyaya Sanhita, 2023, alleging that he took away a 15‑year‑old girl for marriage. The informant’s daughter later gave a statement under section 183 stating that the relationship was consensual and she did not support the prosecution. The petitioner argued that he was falsely implicated and had no prior criminal record. The court considered the FIR allegations, the daughter’s statement, and the petitioner’s prolonged custody since December 2025. Finding the prosecution’s case weakened by the victim’s statement, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under sections 137(2) and 140(3) of the Bhartiya Nyaya Sanhita in a child‑marriage case.
- Whether the statement of the alleged minor under section 183 of the B.N.S.S. negates the prosecution’s case.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183
Subjects
- regular bail
- child marriage
- Bhartiya Nyaya Sanhita
- section 137
- section 140
- section 183
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18786 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Manish Paswan @ Manish Kumar Son of Shri Ramphal Paswan Resident of
Village -Deshna PS- Asthawan District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chameli Devi, wife of Sunil Ravidas Resident of Village - Deshna, P.S. -
Asthawan, Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
Mr. Bindeswari Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Asthawan P.S. Case
no.385 of 2025 registered under sections 137(2) and 140(3) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his 15 year old minor daughter was taken away by the
petitioner for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It is a case of
love affair between the parties. The daughter of the informant
returned and her statement was recorded under section 183 of
the B.N.S.S wherein she has not supported the prosecution case.
Patna High Court CR. MISC. No.18786 of 2026(3) dt.07-05-2026
2/2
She has categorically stated therein that she was in love with the
petitioner and it was she who called him, both of them went
away and married. On learning about the lodging of the instant
case, they returned. The petitioner is in custody since 6.12.2025
and has no criminal antecedent.
5. Heard learned A.P.P for the State and learned
counsel for the informant.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation especially the
statement of the daughter of the informant recorded under
section 183 of the B.N.S.S wherein she does not support the
prosecution case together with the petitioner having remained in
custody since 6.12.2025, the petitioner is directed to be enlarged
on bail in connection with Asthawan P.S. Case no.385 of 2025
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 Additional Sessions Judge-VII-cum-Special Judge
(POCSO), Nalanda at Biharsharif.
(Partha Sarthy, J)
Shiv/-
U T
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