Patna High Court
Manoj Kumar Mandal @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
Manoj Kumar Mandal applied for anticipatory bail fearing arrest in Pranpur P.S. Case No. 159 of 2024, which was filed under sections 69, 318(4), 316(2), 87, 127(2) and 351(2) of the Bhartiya Nyaya Sanhita for alleged fraud and kidnapping on the pretext of marriage. The FIR, lodged by informant Priti Kumari, claimed the petitioner took money and attempted to move the victim to Samastipur and Delhi, with the complaint later being returned and related photographs going viral. The petitioner argued that the matter arose from a misunderstanding, the 20‑year‑old victim had consented to a compromise, and he has no prior criminal record. The State opposed, stating the victim’s statements corroborate the FIR. Considering the compromise, the victim’s majority, the petitioner’s clean record and an undertaking to appear in court, the High Court granted anticipatory bail with a Rs 10,000 bond, two sureties and specific conditions, ordering release upon arrest or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged fraud and kidnapping where the parties have reached a compromise
- Whether the petitioner’s lack of criminal antecedent and the victim’s status as a major justify the grant of anticipatory bail
- What conditions may be imposed on the anticipatory bail order
Legislation cited
- Bhartiya Nyaya Sanhita — s. 127(2), 316(2), 318(4), 351(2), 69, 87
Subjects
- anticipatory bail
- compromise
- Bhartiya Nyaya Sanhita
- fraud
- kidnapping
- criminal antecedent
- major victim
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.522 of 2026
Arising Out of PS. Case No.-159 Year-2024 Thana- PRANPUR District- Katihar
======================================================
Manoj Kumar Mandal @ Manoj Kumar S/o Ram Vilash Mandal Resident of
Halda Khalee Tola Bakharpur, P.S.- Pirpainti, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Bhola Prasad, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Pranpur P.S. Case No. 159 of 2024 for the offence
under sections 69, 318(4), 316(2), 87, 127(2) and 351(2) of the
Bhartiya Nyaya Sanhita lodged on 05.10.2024 by the informant,
Priti Kumari.
3. As per the prosecution story, the informant alleged
that on the pretext of marriage, certain amount was/were taken and
later, she was taken to Samastipur and wanted to take her to Delhi.
As the FIR was lodged, was returned to Manihari and later, the
photos were made viral. A panchayati also took place but the
criminal activity continued which followed the FIR.
4. Learned counsel for the petitioner submits that due to
some misunderstanding, the case was lodged. The girl is twenty
Patna High Court CR. MISC. No.522 of 2026(2) dt.04-02-2026
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years old and subsequently, they have arrived at a compromise and
a petition has also been filed which is presently pending. The last
submission is that the petitioner do not have any criminal
antecedent.
5. Learned APP opposes the prayer submitting that the
lady has supported her version in the FIR in her subsequent
statement.
6. Taking into account the submissions of the parties as
also that the parties have arrived at a compromise, the girl is
major, the petitioner has no criminal antecedent and an
undertaking has been given that he shall be diligently appearing in
trial, in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned J.M. 1st Class, Katihar in connection with Pranpur P.S.
Case No. 159 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
Patna High Court CR. MISC. No.522 of 2026(2) dt.04-02-2026
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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