Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Manish Kumar, sought bail in a case registered under Section 96 of the B.N.S, 2023, alleging that he was falsely implicated in the alleged kidnapping of a 16‑year‑old girl for marriage. The victim’s statement under Section 183 of the B.N.S.S indicated that she left home voluntarily and there was no sexual assault. The petitioner has no prior criminal record and has been in custody since 31‑05‑2025. The State opposed bail, arguing that the minor had eloped with the petitioner. Considering the victim’s voluntary departure, lack of assault allegation, the petitioner’s clean record, and the circumstances, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 96 of the B.N.S, 2023 in view of the alleged kidnapping of a minor for marriage.
- Whether the victim’s voluntary departure and absence of sexual assault allegations affect the bail decision.
- Whether the petitioner’s lack of criminal antecedent and claim of false implication warrant bail.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- marriage
- false implication
- Section 96
- Section 183
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71719 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- DEV District- Aurangabad
======================================================
Manish Kumar S/O Sohar Paswan R/O Village- Tetariya, P.S.- Deo, District-
Aurangabad, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Ajay Paswan S/O Nagdeo Paswan R/O Village- Tetariya, P.S.- Deo,
District- Aurangabad, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Ranjan Kumar, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
For the O.P. No.2 : Ms. Leelawati Kumari, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Dev P.S. Case no.131 of 2025
registered under section 96 of B.N.S, 2023.
3. The allegations in the F.I.R is that informant’s
daughter was kidnapped by the petitioner for the purpose of
marriage.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the case on account of
some previous dispute and even upon going through the
statement of the victim girl recorded under Section 183 of
Patna High Court CR. MISC. No.71719 of 2025(4) dt.10-02-2026
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B.N.S.S discloses that the petitioner and the victim were in a
love relationship. The victim voluntarily left her parental home
out of her own free will with the petitioner from where they
travelled from Banaras to Nagpur. It is further submitted that
there is no allegation of any sexual assault at the hands of the
petitioner. The petitioner is in custody since 31.05.2025 and has
no criminal antecedent. He undertakes to cooperate with the
investigation/trial. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant on the
ground that informant’s minor daughter has eloped with the
petitioner on the pretext of marriage.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
victim has herself disclosed her age as 16 years and stated about
voluntarily going along with the petitioner for the purpose of
roaming around and her statement dos not disclose any sexual
assault at the hands of the petitioner and he is in custody since
31.05.2025, the petitioner, who is a young boy having no
criminal antecedent, is directed to be enlarged on bail in
connection with Dev P.S. Case no.131 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.71719 of 2025(4) dt.10-02-2026
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sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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