Patna High Court
Vikram MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court directed that the petitioner be released on bail subject to the conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
Vikram Mandal was arrested in connection with a case alleging that he forcibly abducted the minor daughter of an informant and took her to Mumbai, violating Sections 96 and 3(5) of the B.N.S.S. The victim’s statements were contradictory: one indicated a consensual relationship and marriage with the petitioner, while another claimed she was taken by force. The petitioner asserted his innocence, highlighted his clean antecedent, and noted that the victim had not alleged any sexual assault. The prosecution’s case was deemed doubtful, and the charge sheet had already been filed. Considering the doubtful nature of the allegations, the petitioner’s clean record, and the period of custody, the court granted bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the accused under Sections 96 and 3(5) of the B.N.S.S. given the contradictory victim statements and the petitioner’s clean antecedent.
Legislation cited
- B.N.S.S. — s. 180, 183, 3(5), 480(3), 96
Subjects
- bail
- kidnapping
- minor
- contradictory statements
- clean antecedent
- Section 96 B.N.S.S.
- Section 3(5) B.N.S.S.
- Section 480(3) bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6039 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Vikram Mandal S/o Shankar Mandal R/o Asalatganj, Kelabari, P.S.-
Azamnagar, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Azamnagar P.S. Case No. 306 of 2025
registered for the alleged offences under Sections 96, 3(5) of
BNS.
03. As per prosecution case, the petitioner and other
co-accused persons forcibly took away the minor daughter of
the informant while she had been returning home. Subsequently,
the informant came to know that the petitioner took her to
Mumbai.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The victim girl has been recovered and her statement was
Patna High Court CR. MISC. No.6039 of 2026(2) dt.04-02-2026
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recorded. In her statement under Section 180 of BNSS, she
stated that she was in love with the petitioner for last three years
and as her marriage was fixed somewhere else by her family
members, she called out the petitioner and fled away with him
and married him out of her own sweet will and they moved to
Mumbai. However, in her statement under Section 183 of
BNSS, she said that a boy forcibly took her to Katihar and
married her and thereafter, kept her at a place for 8-9 days but
this statement could not be believed. But she has not named this
petitioner which shows there was love between the petitioner
and the daughter of the informant and it is not believable that
the daughter of the informant was taken away to Mumbai but
she did not raise any alarm anywhere. A document has been
brought on record showing solemnization of marriage between
the petitioner and the daughter of the informant. Nowhere in her
statement, the victim girl alleged anything about any sexual
assault. The petitioner is a boy of 20 years and he is having
clean antecedent. The petitioner is in custody since 12.09.2025
and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.6039 of 2026(2) dt.04-02-2026
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submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and also
considering the period of custody of the petitioner, his clean
antecedent and submission of charge sheet, the petitioner above
named is directed to 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 learned Chief Judicial
Magistrate, Katihar/concerned Court in connection with
Azamnagar P.S. Case No. 306 of 2025, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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