Madan Mohan Kumar @ Madan Mohan Das @ Manmohan DasversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36505 of 2026
                          Arising Out of PS. Case No.-280 Year-2023 Thana- BARH District- Patna
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           1.     Madan Mohan Kumar @ Madan Mohan Das @ Manmohan Das Son of
                  Dhanpat Paswan @ Dhanpat Das Resident of Village- Malahi Kali Sthan,
                  Ibrahimpur, P.S.- Barh, District- Patna
           2.     Mirtunjay Kumar @ Mritunjay Das @ Mrityunjay Paswan Son of Dhanpat
                  Paswan @ Dhanpat Das Resident of Village- Malahi Kali Sthan, Ibrahimpur,
                  P.S.- Barh, District- Patna
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar
                 For the Opposite Party/s :        Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                   Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Barh P.S. Case No.

                   280 of 2023 registered for the offences punishable under

                   Sections 363, 365 and 34 of the Indian Penal Code.

                                3. The allegation against petitioners is to kidnap the

                   minor daughter of informant aged about 16 years for the purpose

                   of illicit intercourse/marriage with another person.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that during the course of investigation

                   after recovery of victim her statement was recorded under

                   Section 183 of the BNSS, where she categorically stated that she
Patna High Court CR. MISC. No.36505 of 2026(2) dt.16-06-2026
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          out of her own sweet will left her house and stated nothing

          incriminating against petitioner. Arguing further, it is submitted

          that petitioner no. 1 married with the victim and they are blessed

          with one child and are living happily. It is pointed out that

          petitioner no. 2 implicated with the present case only for the

          reason as he is brother of petitioner no. 1. It is further submitted

          that knowing the correct positions regarding kidnapping the joint

          compromise petition was filed before learned Trial Court, which is

          apparent from the order dated 17.03.2026. The written

          compromise petition is available with the bail petition as

          annexure-P/2. While concluding argument, it is submitted that

          both above named petitioners are men of clean antecedent.

                        5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual submission and by

          taking note of fact as prima-facie victim negates the allegation of

          kidnapping and sexual assault against petitioners, rather she

          stated that she out of her own sweet will left her house,

          accordingly both above-named petitioners, who are men of clean

          antecedent, in the event of their arrest or surrender before the

          court below within a period of four weeks, are directed to be

          released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to
               Patna High Court CR. MISC. No.36505 of 2026(2) dt.16-06-2026
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                         the satisfaction of the learned ACJM-I, Barh, Patna/concerned

                         Court, where the case is pending in connection with Barh P.S.

                         Case No. 280 of 2023, subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T