Patna High Court
Munna KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court ordered the release of the petitioner on bail with conditions.
Summary
Munna Kumar was arrested in connection with a case registered under Section 96 of the Bihar Narcotic (BNS) Act, 2023, alleging that he, along with co‑accused, abducted the informant’s daughter with the intention of marrying her. The petitioner contended that he is innocent, that the victim was between 18 and 19 years old, and that her statement under Section 183 of the BNSS indicated love and affection for the petitioner rather than support for the prosecution. The State opposed the bail application, while the petitioner’s counsel highlighted his clean antecedents and the circumstances surrounding the victim’s testimony. The court considered the facts, the victim’s age, the nature of the statement, and the petitioner’s custody since 10‑01‑2025. It granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and appearance at every court date until charge framing.
Issues considered
- What is the appropriateness of granting bail to the accused in a case under Section 96 of the BNS, 2023 concerning alleged abduction with intent to marry?
Subjects
- bail
- abduction
- intent to marry
- Section 96
- Section 183
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37327 of 2025
Arising Out of PS. Case No.-103 Year-2024 Thana- Mau District- Gaya
======================================================
Munna Kumar S/O Madan Manjhi R/O Vill.- Saidpur, P.s.- Mau, Dist.- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Nagiya Devi W/O Ruop Chandra Manjhi R/O Vill.- Saidpur, P.s.- Mau,
Dist.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. H. Kumar-2, Advocate
For the State : Ms. Nirmala Kumari, APP
For the Informant : Ms. Surbhi Nirmal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the parties.
2. The petitioner seeks bail in connection with Mau P.S.
Case No. 103 of 2024 in a case registered for the offence
punishable under Section 96 of the BNS, 2023.
3. As per allegation, petitioner, with the help of other
co-accused persons, abducted the informant’s daughter with
intention of marriage.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that according to medical
report, age of the victim was found between 18 - 19 years which is
clear from paragraph, 5 of the impugned order. He has further
submitted that statement of victim has been recorded under
Patna High Court CR. MISC. No.37327 of 2025(4) dt.05-01-2026
2/2
Section 183 of the BNSS in which she did not support the
prosecution case rather she stated that she had love and affection
with the petitioner. It has also been submitted that the petitioner is
under incarceration since 10.01.2025. The petitioner is a man of
clean antecedent.
5. On the other hand, learned APP for the State has
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let
the petitioner named above, 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 learned Exclusive Special Judge
POCSO-cum-Additional Sessions Judge-VII, Gaya in connection
with Mau P.S. Case No. 103 of 2024 with condition that the
petitioner shall cooperated with the trial of the case and make
himself available as and when required by the court.
7. It is made clear that the petitioner shall appear in
the learned Court below on each and every date fixed in the
case till framing of charge.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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