Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner with a bond and sureties, subject to statutory conditions.
Summary
Manish Kumar petitioned for anticipatory bail after a FIR was lodged alleging his involvement in the kidnapping of a 17‑year‑old girl, an offence punishable under sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the POCSO Act. The FIR was filed two days after the alleged incident and the victim later denied any kidnapping, stating she had left home fearing forced marriage. The petitioner has no prior criminal record, and the second accused failed to appear. The State opposed bail, citing the seriousness of the charges. Considering the delay in filing the FIR, the victim’s contradictory statement, and the petitioner’s clean record, the Court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted despite allegations under BNSS and POCSO Act.
- Whether the delay in filing the FIR and the victim’s denial affect the bail decision.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 137(2), 3(5), 4, 482(2), 6, 87
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- FIR delay
- victim statement
- BNSS
- POCSO Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57437 of 2025
Arising Out of PS. Case No.-1212 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Manish Kumar Son of Ravindra Singh Resident of village - Mohjamma, P.S.-
Mahua, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mukesh Pandit Son of Ramjot Pandit Resident of Jahangirpur, Salkhanni,
P.S.- Mahua, District - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice and ordinary
notice having been personally received by the opposite party
no.2, the opposite party no.2 has chosen not to appear.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 137(2), 87
and 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act.
3. The allegation in the First Information Report
relates to kidnapping of the informant’s daughter aged about 17
years by three accused persons including the present petitioner.
4. Learned counsel for the petitioner submits at the
outset that although the occurrence had taken place on
Patna High Court CR. MISC. No.57437 of 2025(4) dt.21-01-2026
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11.11.2024, the First Information Report was lodged on
13.11.2024 i.e., after delay of two days for which no explanation
has been tendered. Moreover, the victim had returned home on
13.11.2024 and immediately thereafter her statement under
Section 180 of B.N.S.S. and Section 183 of B.N.S.S. was
recorded before the Magistrate and in both the statements, she
has denied the very factum of kidnapping and has rather stated,
as would appear from paragraph-60 of the case diary, that she
had left home without telling her parents as she had fear of her
parents getting her forcefully married.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the delay in the F.I.R., coupled
with the statement made by the victim in her statement under
Section 183 of the B.N.S.S. , let the above named petitioner,
who has no criminal antecedent, be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of four weeks from today, 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 below
Patna High Court CR. MISC. No.57437 of 2025(4) dt.21-01-2026
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where the case is pending/successor Court in connection with
Mahua P.S. Case No. 1212 of 2024, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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