Patna High Court
Jitendra Manjhi @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the basis of the victim’s voluntary statement and the petitioner’s clean antecedents.
Summary
The petitioner, Jitendra Manjhi, sought anticipatory bail after the police registered a case alleging kidnapping of a minor for marriage under Sections 137(2) and 96 of the B.N.S. The prosecution claimed the petitioner abducted the informant's daughter, while the petitioner contended that the alleged victim voluntarily fled with him due to a love affair and denied any kidnapping in a statement recorded under Section 183 of the B.N.S.S. The victim’s statement and the petitioner’s clean antecedents were highlighted by counsel. The State opposed the bail, but the court, considering the victim’s declaration and the petitioner’s background, allowed anticipatory bail. The court ordered that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of kidnapping under Sections 137(2) and 96 of the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the allegation of kidnapping
- Whether the petitioner’s clean antecedents justify the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- marriage
- victim consent
- clean antecedents
- Section 183 statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3233 of 2026
Arising Out of PS. Case No.-379 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Jitendra Manjhi @ Jitendra Kumar S/O Late Rampravesh Manjhi R/O
Village- Dhamaparsa, P.S- Isuapur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dewendra Narayan Singh, Advocate
For the State : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2) and
96 of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons,
kidnapped minor daughter of informant for the purpose of
marriage.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, the so called victim
was in love affair with this petitioner and she, out of her own
Patna High Court CR. MISC. No.3233 of 2026(3) dt.30-03-2026
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sweet will, left her parental house and fled away with this
petitioner. It is further submitted that the victim herself returned
to her house and in her statement recorded under Section 183 of
the B.N.S.S., she has out-rightly denied the factum of
kidnapping and has categorically stated that she, out of her own
sweet will, fled away with this petitioner as her parents were
pressurizing her to marry with some other person against her
will and desire. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-1st Class,
Saran at Chapra in connection with Baniyapur P.S. Case No.
379 of 2025, subject to condition as laid down under Section
Patna High Court CR. MISC. No.3233 of 2026(3) dt.30-03-2026
3/3
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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