Patna High Court
Bikash Mandal @ Vikash MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail, directing the petitioner’s release on bond.
Summary
The petitioner, Bikash Mandal, was arrested in May 2025 on charges of kidnapping a girl with the intention to marry her, under Sections 137(2), 87 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, asserting that the relationship with the victim was consensual and that he has a clean antecedent. The State opposed his request for regular bail, arguing the seriousness of the alleged offences. The High Court, after considering the length of custody, the petitioner’s clean record, and the circumstances of the case, granted regular bail. The court ordered the petitioner to be released upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, noting that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to an accused of kidnapping with intent to marry under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s clean antecedent and duration of custody justify bail
- Whether the alleged consensual relationship impacts the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 351(3), 87
Subjects
- bail
- kidnapping
- intention to marry
- Bharatiya Nyaya Sanhita
- criminal procedure
- regular bail
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43902 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- SANHAULA District- Bhagalpur
======================================================
Bikash Mandal @ Vikash Mandal S/O Late Kali Charan Mandal R/O Village-
Kodwar, P.S.- Ghogha (but wrongly typed in F.I.R. P.S. -Sanhoula), Dist.
-Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY R/O Village- Mahadevapur, P.S- Sanhoula, Distt.-
Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Snhoula P.S. Case No. 67 of 2025 registered for the offence
under Section(s) 137(2), 87 and 351(3) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl with an intention to marry
her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is in custody since
09.05.2025 and has a clean antecedent. Learned counsel further
submits that there was a love affair between the petitioner and
Patna High Court CR. MISC. No.43902 of 2026(2) dt.08-07-2026
2/2
the victim.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Sanhaula @
Sanhoula P.S. Case No. 67 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.,
(Sandeep Kumar, J)
Shishir/-
U T
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