Patna High Court

Manoj Kumar @ Manoj SharmaversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied because the victim’s statement under Section 183 of the BNSS supported the prosecution.

Summary

Manoj Kumar was arrested in connection with a case under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, alleging that he kidnapped a 16‑year‑old girl with the intention of marriage. The informant claimed his daughter went missing on 10‑Nov‑2025 and that Kumar was in contact with the girl via specific mobile numbers. Kumar’s counsel argued that the couple were in a consensual relationship and had already married, asserting false implication. The State’s APP highlighted the victim’s statement recorded under Section 183 of the BNSS, which fully supported the prosecution. Considering the victim’s supportive statement, the court rejected the bail application and directed the trial court to expedite the trial.

Issues considered

Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 in view of the victim’s statement supporting the prosecution.
Whether the alleged consensual relationship and purported marriage between the accused and the victim affect the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96

Subjects

bail
kidnapping
forced marriage
Bharatiya Nyaya Sanhita
Section 137
Section 96
Section 183
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2586 of 2026
                   Arising Out of PS. Case No.-293 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Manoj Kumar @ Manoj Sharma Son of Hajari Sharma @ Hajari Sharma
                 Resiodent of Manoharpur Kachhuara, P.S.- Gopalpur, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   24-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.      The petitioner seeks bail in connection with

                   Warisnagar P.S. Case No. 293 of 2025 instituted for the offence

                   under Sections 137(2) & 96 of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.      The informant alleges that on 10.11.2025 at about

                   9:00 a.m., his 16-year-old daughter left for college but did not

                   return home by evening. During the search, her mobile phone

                   was found switched off. The informant further alleges that his

                   daughter was in regular contact with the holders of mobile

                   numbers 9304398525 and 9534459972, and that during the

                   course of search, it was revealed that the said persons had
Patna High Court CR. MISC. No.2586 of 2026(3) dt.24-02-2026
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          kidnapped his daughter with the intention of marriage. The

          informant also expressed apprehension that the accused may

          commit an offence against her.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 20.11.2025. Petitioner

          bears no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Learned counsel for the petitioner submits that petitioner

          and daughter of the informant were in love affair and they have

          solemnized marriage. Charge sheet has already been submitted

          in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. Referring

          to the statement of the victim recorded under Section 183 of the

          BNSS, 2023, it is submitted that victim has fully supported the

          prosecution case.

                  7.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          victim has supported the prosecution case in her statement

          recorded under Section 183 of the BNSS, 2023, this Court is not
           Patna High Court CR. MISC. No.2586 of 2026(3) dt.24-02-2026
                                                       3/3




                     inclined to grant bail to the petitioner. Prayer for grant of bail is

                     hereby rejected.

                             8.      The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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