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Patna High Court

Mantu Chaudhary @ Mantu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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