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Patna High Court

Manohar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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