Patna High Court
Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioner.
Summary
Manohar Kumar feared arrest in a kidnapping‑for‑marriage case (Belsand PS Case No.139/2024) involving offences under Sections 137(2), 96, 3(5) of the BNS and Section 8 of the POCSO Act. The prosecution alleged that he and others abducted the minor victim to force a marriage. The petitioner argued that after the victim was recovered she voluntarily returned with his family, was released in his favour, and even has a child, indicating her consent. The High Court examined whether these facts warranted denial of bail and applied the provisions of Section 438(2) CrPC and Section 482 BNSS. Finding that the victim’s willingness reduced the risk of evidence tampering and that bail was appropriate, the Court allowed the bail application. Accordingly, the petitioner was ordered to be released on bail of Rs 10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether bail can be granted to the accused in a kidnapping‑for‑marriage case under Sections 137(2), 96, 3(5) of the BNS and Section 8 of the POCSO Act
- Whether the victim’s consent and release in favour of the accused affect the bail decision
- Applicability of Section 438(2) CrPC and Section 482 BNSS in granting bail
Legislation cited
- BNS — s. 137(2), 3(5), 96
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- bail
- kidnapping for marriage
- POCSO Act
- Section 438 CrPC
- Section 482 BNSS
- victim consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30658 of 2026
Arising Out of PS. Case No.-139 Year-2024 Thana- BELSAND District- Sitamarhi
======================================================
Manohar Kumar Son of Ramkisun Sah @ Ram Kishun Sah Resident of
Village - Madhkaul, Jafarpur, P.S.- Belsand, Dist.- Sitamarhi, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X Son of Y Resident of Village - Madhkaul, Jafarpur, P.S.- Belsand, Dist.-
Sitamarhi, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Belsand P.S. Case No. 139 of 2024 registered
for the offence under Sections 137(2), 96, 3(5) of the BNS and
under Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are accused of kidnapping the victim for marriage.
4. Learned counsel for the petitioner submits that
though the petitioner is accused of kidnapping the victim but
from the records of the case, it appears that the victim, after
being recovered was willing to go with the family of the
Patna High Court CR. MISC. No.30658 of 2026(3) dt.02-07-2026
2/2
petitioner and has been released in favour of the family of the
petitioner. He next submits that the victim has one child also.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Belsand P.S. Case No. 139 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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