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Patna High Court

Manav Mallik @ Ritik KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties and imposing conditions of physical presence in the trial court.

Summary

The petitioner, Manav Mallik, was arrested in connection with a kidnapping allegation involving the informant’s daughter, who was 17 years and 9 months old at the time. The FIR alleges that Mallik, along with others, abducted the girl, forced her to travel from Patna to Rajasthan, solemnised a marriage, and later sent her back to Purnea. The petitioner contended that the victim was in a consensual love relationship with him, was near the age of majority, and that the victim’s statement recorded under Section 183 was implausible, especially as the medical report showed no signs of sexual assault. The State opposed the bail application, invoking sections 96, 137(2) and 3(5) of the BNS, 2023. The Court considered the victim’s age, the nature of the alleged relationship, the lack of corroborative medical evidence, and the petitioner’s clean criminal record. It held that the allegations did not warrant continued detention and ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to his physical presence in the trial court. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause.

Issues considered

  • Whether the petitioner is entitled to bail despite the kidnapping allegation involving a minor‑aged victim.
  • Whether the victim’s statement under Section 183 and the absence of medical evidence of sexual assault affect the bail decision.
  • Whether the petitioner’s clean criminal record and the alleged consensual relationship justify release on bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • love relationship
  • Section 183 statement
  • medical examination
  • clean criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48742 of 2025
                   Arising Out of PS. Case No.-127 Year-2025 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Manav Mallik @ Ritik Kumar S/o Madan Mallik Res of village- Donor
                 Chowk, Hanuman Mandir Prabhat Colony, P.S.- K. Hat, District- Purnea

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vikram Kumar aged about 45 years male S/o- Jagdish Biswash , R/o-
                 Kochaili ward no- 11 , P.S.-Dagarua , Dist- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. N.K. Agrawal, Sr. Adv.
                                                  Mr.Bidhu Ranjan, Adv.
                 For the Opposite Party/s :       Mr.Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

9   12-02-2026                          Heard Mr. N.K. Agrawal, learned Senior counsel

                     appearing on behalf of the petitioner, learned APP for the

                     State.

                                   2. No one appears on behalf of opposite party no2.

                     despite valid service of notice.

                                   3. A prayer for bail has been made on behalf of the

                     petitioner in connection with K. Hat P.S. Case no.127 of 2025

                     registered under sections 96, 137(2) and 3(5) of BNS, 2023.

                                   3. Allegation in the F.I.R is that the petitioner along

                     with others kidnapped the informant’s daughter.

                                   4. Learned Senior Counsel for the petitioner submits

                     that the victim was in a love relationship with the petitioner,
Patna High Court CR. MISC. No.48742 of 2025(9) dt.12-02-2026
                                            2/3




            and her admitted age at the time of the occurrence was 17

            years and 9 months, which shows that she was on the verge of

            attaining majority. It is further submitted that general and

            omnibus allegations have been levelled against the petitioner

            and his entire family regarding the alleged kidnapping of the

            informant’s daughter. After recovery of the victim, her

            statement was recorded under Section 183 of the BNSS,

            wherein she alleged that the petitioner had forcibly taken her

            from Patna to Rajasthan, solemnized marriage with her and

            also established physical relations and thereafter sent her by

            train to Purnea. Learned Senior Counsel further submits that

            the said version does not appear plausible, inasmuch as the

            victim was a fully grown adult and did not raise any alarm

            while travelling from Patna to Rajasthan and thereafter to

            Purnea. It is further submitted that the medical examination

            report does not indicate any sign of sexual assault. The

            petitioner has no criminal antecedent and he is in custody since

            21.04.2025. He undertakes to cooperate with the case/trial.

                        5. The application for bail is opposed by learned

            A.P.P. for the State.

                        6. Taking into consideration the aforesaid facts and

            circumstances of the case and also considering the fact that
              Patna High Court CR. MISC. No.48742 of 2025(9) dt.12-02-2026
                                                          3/3




                          victim is on the verge of majority and in the background of

                          love relationship between the victim and the petitioner and

                          also considering the allegations made in the 183 statement of

                          the victim being not probable, the petitioner is directed to be

                          enlarged on bail in connection with K. Hat P.S. Case no.127 of

                          2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

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

                          satisfaction of the learned Court concerned where the case is

                          pending/successor Court, subject to further condition that the

                          petitioners shall remain physically present in the learned trial

                          Court on each date and shall cooperate in the trial. In case the

                          petitioner is absent on the two consecutive dates without

                          sufficient reasons, the learned trial Court would be at liberty to

                          cancel the bail bonds of the petitioner.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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