Patna High Court

Rahul Kumar@ Rahul Kumar ManjhiversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

Petitioner Rahul Kumar sought anticipatory bail after being implicated in a kidnapping case involving a 17‑year‑old girl, the informant’s minor daughter. The allegations allege that the petitioner, aged about 18, abducted the girl, but the victim’s statements under Sections 180 and 183 of the BNSS indicated no force was used and that they were on talking terms. The State opposed bail, arguing the kidnapping charge under Sections 96 and 3(5) of the BNS. The court examined the victim’s statements, the ages of the parties, and the nature of the alleged offence. Considering the circumstances, the court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482(2) of the BNSS.

Issues considered

What is the appropriateness of granting anticipatory bail under Section 438 CrPC in a case of alleged kidnapping of a minor?
Do the victim’s statements under Sections 180 and 183 of the BNSS negate the necessity for custodial detention?

Legislation cited

BNSS — s. 180, 183, 3(5), 482(2), 96
Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
kidnapping
minor
Section 438 CrPC
Section 482 BNSS
criminal procedure
bail conditions
victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46830 of 2025
                      Arising Out of PS. Case No.-328 Year-2024 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Rahul Kumar@ Rahul Kumar Manjhi S/o Ajay Manjhi R/o - Sherpur, P.S -
                 Harnaut, District - Nalanda
                                                                    ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     Suminder Manjhi R/O-Sherpur,P.S. Harnaut,Dist.-Nalanda
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar
                 For the Opposite Party/s :       Mr.Dr. Indiwar Kumari
                 For the Informant        :       Mr. Rakesh Kr. Sharma
                                                  Mr. Alok Anand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   11-02-2026                     Heard learned counsel for the petitioner as well as the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection with

                   Harnaut P.S. Case No. 328 of 2024, registered for the offences

                   punishable under Sections 96 and 3(5) of the BNS.

                                3. As per allegation, the accused persons, including the

                   petitioner, kidnapped the minor daughter of the informant.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in this

                   case. He has further submitted that the statement of the victim under

                   Section 180 of the BNSS shows that no force was used by the

                   petitioner. The ages of the petitioner and the victim are

                   approximately the same and the victim, in her statement recorded

                   under Section 183 of the BNSS, admitted that they were on talking
           Patna High Court CR. MISC. No.46830 of 2025(4) dt.11-02-2026
                                                       2/2




                     terms.

                                   5. On the other hand, the learned counsel for the informant

                     as well as the learned APP for the State has opposed the prayer for

                     bail by submitting that the petitioner kidnapped the minor girl.

                                   6. The victim is 17 years old and the petitioner is about 18

                     years old. The victim admitted that she was on talking terms with the

                     petitioner.

                                   7.   Considering       the    above-mentioned   facts   and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

                     released on anticipatory bail on furnishing bail bond of Rs. 10,000/-

                     (Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of learned ACJM-Ist Nalanda at Bihar sharif in

                     connection with Harnaut P.S. Case No. 328 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the CrPC/482(2) of

                     the BNSS, 2023.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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