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Patna High Court

Sachin Kumar @ Sachin ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as he has made out a prima facie case for release.

Summary

The petitioner, Sachin Kumar, applied for pre‑arrest bail in a case registered under Sections 137(2) and 87 of the Bihar Negotiable Sale Act (BNSS) alleging kidnapping of the informant’s minor daughter for marriage. The petitioner claimed innocence, stating that the victim’s statement under Section 183 BNSS disclosed a consensual relationship and a solemnised marriage, and that he has a clean antecedent. The informant and the State opposed the bail, arguing the seriousness of the alleged offence. The court, after considering the victim’s statement and the petitioner’s clean record, found a prima facie case for release and directed that bail be granted upon surrender, subject to a bond and sureties and compliance with Section 482(2) BNSS. The District Court was instructed to verify the petitioner’s criminal antecedent, and the bail application was disposed of with the order for pre‑arrest bail.

Issues considered

  • Whether pre‑arrest bail should be granted in an alleged kidnapping case under Sections 137(2) and 87 of the BNSS.
  • Whether the victim’s statement under Section 183 BNSS, indicating a consensual relationship and marriage, negates the prosecution’s case.
  • Whether the conditions prescribed under Section 482(2) BNSS for granting bail are satisfied.

Legislation cited

Subjects

  • pre‑arrest bail
  • kidnapping
  • marriage
  • Section 137
  • Section 87
  • Section 183
  • Section 482
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4120 of 2026
                      Arising Out of PS. Case No.-312 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Sachin Kumar @ Sachin Manjhi (M), aged about 24 Years, S/o Babulal
                 Manjhi, Resident of Village - Pattal Bigha Tola, Barbigha, P.S- Narhat,
                 District- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mithu Rajvanshi, S/O- Babulal Manjhi R/v- Pattal Bigha, Tola Barbigha,
                 P.S.- Narhat, Distt.- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kumar, Advocate
                 For the Informant        :      Mr. Birendra Kumar, Advocate
                 For the State            :      Mr. Rajendra Nath Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   11-05-2026                          Heard Mr. Raj Kumar, learned counsel appearing

                   on behalf of the petitioner; Mr. Birendra Kumar, learned counsel

                   for the informant and Mr. Rajendra Nath Jha, learned APP for

                   the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Narhat P.S. Case No. 312 of 2025, registered for the

                   offence punishable under Sections 137(2) and 87 of the BNS.

                                 3. As per the allegation made in the FIR, the petitioner

                   had allegedly kidnapped the minor daughter of the informant

                   with an intention to marry her.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.4120 of 2026(4) dt.11-05-2026
                                            2/3




          been implicated in the present case. The victim in her statement

          recorded under Section 183 BNSS has not supported the

          prosecution story, rather, she has admitted that she was in love

          relationship with the petitioner and she had accompanied the

          petitioner willingly and they have solemnized marriage with

          each other. The petitioner has clean antecedent. On these

          grounds, petitioner seeks to be released on pre-arrest bail.

                       5. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the prayer for grant of

          pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, the fact that the victim in her statement

          recorded under Section 183 before the learned Magistrate, has

          not supported the prosecution story, rather, she has admitted that

          she had accompanied the petitioner willingly and they have

          solemnized marriage with each other. The petitioner has clean

          antecedent. I am of the opinion that petitioner has, prima facie,

          made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
              Patna High Court CR. MISC. No.4120 of 2026(4) dt.11-05-2026
                                                          3/3




                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned District Court where the

                        case is pending, in connection with Narhat P.S. Case No. 312 of

                        2025, subject to the condition as laid down under Section 482(2)

                        of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     9. Accordingly, the present application stands disposed

                        of.



                                                   (Purnendu Singh, J)
Niraj/-

U         T


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