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Patna High Court

Manjeet Kumar @ Manjeet MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Manjeet Kumar, was arrested for allegedly kidnapping the minor daughter of an informant under sections 87 and 3(5) of the B.N.S. He has been in custody since 2 November 2025. The victim girl gave a statement under section 183 of the B.N.S.S. indicating that she had eloped with the petitioner, married him, and was living as his wife. The court considered whether this consent and marriage affected the bail eligibility. Relying on the victim's statement, the court allowed the bail application without expressing any view on the merits of the kidnapping charge. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail in a kidnapping case under sections 87 and 3(5) of the B.N.S. given the victim's statement of elopement and marriage

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • consent
  • marriage
  • criminal procedure
  • B.N.S.
  • B.N.S.S.

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.22055 of 2026
                       Arising Out of PS. Case No.-113 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Manjeet Kumar @ Manjeet Mukhiya S/o Bhikho Mukhiya R/o Parsa Birbal
                 Ward No. 11, Pratapganj, P.S.- Supaul, Bihar

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Rahul Raj, Advocate
                 For the Opposite Party :         Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.       The petitioner seeks bail in connection with

                   Karjain P.S. Case No.113 of 2025 registered for the offence

                   under sections 87 and 3(5) of the B.N.S.

                                   3.       The petitioner is accused of kidnapping the

                   minor daughter of the informant. He is in custody since

                   02.11.2025.

                                   4.       From the statement of the victim girl

                   recorded under section 183 of the B.N.S.S. it appears that she

                   had eloped with the petitioner and got married to him and they

                   are living as husband and wife.

                                   5.       Considering the statement of the victim girl,

                   this bail application is allowed.
          Patna High Court CR. MISC. No.22055 of 2026(2) dt.08-04-2026
                                                      2/2




                                    6.      Let the petitioner, above named, be released

                    on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                    with two sureties of the like amount each to the satisfaction of

                    learned Chief Judicial Magistrate, Supaul / concerned Court

                    below, in connection with Karjain P.S. Case No.113 of 2025.

                                    7.      It is clarified that this Court has not

                    expressed any opinion on the merits of the case and the

                    observations made by this Court is only for the purpose of

                    deciding this bail application.



                                                            (Sandeep Kumar, J)

pawan/-

U


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