Patna High Court
Brahmdeo MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the allegations vague and noting his clean antecedent.
Summary
The petitioner, Brahmdeo Mandal, was arrested in connection with a case alleging that he forcibly confined the informant's daughter and pressured her to marry him, offences under Sections 137(2) and 87 of the B.N.S., 2023. The petitioner contended that the allegations were false, asserting that the girl left home voluntarily, was in a consensual relationship with a co‑accused, and had booked a hotel room herself, while also refusing a medical examination. The State and the informant relied on the victim’s statement recorded under Section 183 of the B.N.S.S., which named the petitioner as the person exerting pressure. The court examined the vagueness of the allegations, the petitioner’s clean antecedent, the length of his custody, and the fact that a chargesheet had already been filed. Considering these factors, the court ordered the petitioner’s release on 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 petitioner accused under Sections 137(2) and 87 of the B.N.S., 2023 in view of the victim’s statement recorded under Section 183 of the B.N.S.S.
- Whether the allegations against the petitioner are sufficiently specific and serious to justify denial of bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 87
- B.N.S.S. — s. 183, 480(3)
Subjects
- bail
- false implication
- Section 137(2)
- Section 87
- Section 183
- Section 480(3)
- criminal procedure
- victim consent
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74292 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- KATHAIYA District- Muzaffarpur
======================================================
Brahmdeo Mandal S/o Rameshwar Mandal, R/o Village- Lokha Dhanchhiha,
P.S.- Andhramath, District- Madhubani, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kaushal Kishor, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
For the Informant : Mr. Utsav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Kathaiya P.S. Case No. 129 of 2025 dated
04.07.2025, registered for the offences punishable under
Sections 137(2) and 87 of the B.N.S., 2023.
3. As per the prosecution case, the daughter of the
informant was taken away by co-accused persons and the name
of the petitioner transpired during investigation as an accused
who forcibly kept the daughter of the informant confined and
had been pressurizing her to marry him.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. From bare perusal of the FIR and statement of
Patna High Court CR. MISC. No.74292 of 2025(3) dt.21-01-2026
2/4
the victim girl recorded by the police, it is apparent that the
victim girl left her house on her own sweet will as she was in
love with the co-accused Nitesh Kumar and they were in
physical relationship. It has also come during investigation that
the victim girl herself booked the hotel room on the basis of her
Aadhar card and mobile number. As the petitioner was an
acquaintance of the co-accused Nitesh Kumar, who refused to
help them, he has been falsely accused in the present case.
Learned counsel further submits that the victim girl refused to
undergo medical examination. Learned counsel also submits
that the victim girl is twenty years of age and she is competent
enough to understand the consequences of her act. Learned
counsel next submits that petitioner is having clean antecedent
and chargesheet has been submitted. Learned counsel further
submits that it has also come during investigation that from the
mobile phone of this petitioner, the victim girl informed her
family members about her whereabouts. Learned counsel lastly
submits that petitioner is in custody since 17.07.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as the learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that the statement of the victim girl
Patna High Court CR. MISC. No.74292 of 2025(3) dt.21-01-2026
3/4
was recorded under Section 183 of the B.N.S.S. and in her
statement she specifically named this petitioner to whom the co-
accused handed her over and this petitioner has been putting
pressure on her to solemnize marriage with him.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation and also considering the clean
antecedent of the petitioner, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Muzaffarpur / concerned Court,
in connection with Kathaiya P.S. Case No. 129 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other 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, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
Patna High Court CR. MISC. No.74292 of 2025(3) dt.21-01-2026
4/4
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)
Shahnawaz/-
U T
Checking your session…