Patna High Court
Mantu Chaudhary @ Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
Mantu Chaudhary was arrested in connection with a case registered under Sections 137(2), 140(3) and 3(5) of the Bihar Narcotic Substances Act, alleged to have kidnapped a 17‑year‑old girl. The petitioner argued that the victim’s statement under Section 183 of the BNSS showed she left home voluntarily, was aged 18‑19 on medical examination, and that the incident was a consensual romantic relationship, not kidnapping. The State opposed bail, contending the alleged abduction of a minor. The court, noting the victim’s consent, the age assessment, the absence of prior criminal record and the petitioner’s custody since 15‑12‑2025, decided to enlarge bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the allegation of kidnapping a minor under Sections 137(2), 140(3) and 3(5) of the Bihar Narcotic Substances Act
- Whether the victim’s statement indicating voluntary departure and her age negate the elements of the alleged offences
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3), 3(5)
- Bihar Narcotic Substances (Special) Act — s. 183
Subjects
- bail
- kidnapping
- consent
- minor
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37740 of 2026
Arising Out of PS. Case No.-480 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Mantu Chaudhary @ Mantu Kumar S/o Bare Chaudhary @ Bade Chaudhary
Resident of Village - Sikandarpur, P.S. -Wazirganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Wazirganj P.S. Case No.480 of 2025 registered for the
offence punishable under Sections 137(2), 140(3) & 3(5) of the
BNS.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant
aged about 17 years.
4. Learned counsel appearing on behalf of the
petitioner has submitted that it is apparent from the order of the
learned trial court that the victim has stated in her statement
recorded under Section 183 of the BNSS that she fled away
from her house on her own sweet-will and consent. It has further
been submitted that learned trial court has also recorded that in
Patna High Court CR. MISC. No.37740 of 2026(2) dt.16-06-2026
2/2
medical examination report the age of the victim was assessed
between 18 to 19 years. It has further been submitted that it is a
case of romantic relationship between two adults and victim
herself has fled away from her house and nobody has kidnapped
or abducted her. It has lastly been submitted that the petitioner is
having no criminal antecedent and he is in judicial custody since
15.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
J.M.F.C., Gayaji in connection with Wazirganj P.S. Case No.480
of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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