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Patna High Court

Brahmdeo MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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