Patna High Court
Manish Chaudhary @ Chhangur ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond and specified conditions.
Summary
Manish Chaudhary was arrested on 19 August 2025 in connection with a FIR dated 4 April 2025 alleging offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyay Sanhita, 2023, relating to alleged abduction of a girl for marriage and assault on her father. The prosecution’s case is based on the informant’s allegation, while the alleged victim’s statement recorded under Sections 180 and 183 of the same Act does not support the prosecution and says she went voluntarily for marriage. The petitioner pleaded that he has a clean antecedent and is falsely implicated. The Additional Public Prosecutor opposed bail. The Court, after noting the clean antecedent and the victim’s non‑supportive statement, ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering of evidence and verification of antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Bagaha.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2), 96 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the victim’s statement, recorded under Sections 180 and 183, which does not support the prosecution, warrants bail.
- Whether the petitioner’s clean antecedent and alleged false implication justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 180, 183, 3(5), 96
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- kidnapping for marriage
- victim statement
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78034 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
Manish Chaudhary @ Chhangur Chaudhary S/O Late Shambhu Chaudhary
R/O Village- Jura, Police Station- Bahiroganj, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-01-2026 Heard Mr. Vijay Kr Singh No. 1, learned counsel
for the petitioner as well as Ms. Anita Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.08.2025 in connection with Ram Nagar P.S. Case No. 198 of
2025, F.I.R. dated 04.04.2025 for the offences punishable under
Sections 137(2), 96 and 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
alleged that on 02.04.2025, the petitioner along with other co-
accused persons took his daughter with intention of marriage
and when he went to the petitioner’s house for enquiry, the
accused persons assaulted him.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The statement of victim has been
recorded under Section 180 and 183 of BNSS in which she did
not support the case of the prosecution and stated that she went
with the petitioner for doing marriage with him and the
petitioner is in custody since 19.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim did not support
the case of the prosecution, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate,
Bagaha, West Champaran in connection with Ram Nagar P.S.
Case No. 198 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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