Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail application, granting bail to the petitioner subject to conditions.
Summary
Manish Kumar was arrested in connection with a case alleging that he enticed a 13‑year‑old girl, the informant’s daughter, away from her parents, invoking Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023. The petitioner contended that he was falsely implicated, citing the victim’s statement under Section 183 of the B.N.S.S. which indicated she voluntarily approached him, was not sexually assaulted, and wished to return to her parents, as well as a medico‑legal report confirming no sexual assault. The petitioner also highlighted his lack of prior criminal record and his detention since 26 July 2025. The State opposed bail, arguing the seriousness of the alleged enticement of a minor. The Court, after considering the victim’s voluntary statement, the absence of any evidential enticement, and the petitioner’s clean record, granted bail with a set of conditions to ensure his cooperation with the investigation and trial.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of enticement of a minor under Sections 137(2) and 96 of the B.N.S., 2023.
- Whether the victim’s statement and medico‑legal report negate the prima facie case of enticement.
- Whether the petitioner poses a risk of tampering with evidence or fleeing.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 96
Subjects
- bail
- enticement of minor
- Section 137(2) B.N.S.
- Section 96 B.N.S.
- victim statement
- medico‑legal report
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78292 of 2025
Arising Out of PS. Case No.-1199 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Manish Kumar, S/o Lalan Choudhary @ Suresh Choudhary @ Bandi, R/o
Akopur, P.S- Janipur, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ganesh Prasad Yadav, Advocate
For the State : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwari Sharif P.S. Case No.1199 of 2025, registered for the
offences punishable under Sections 137(2) & 96 of the B.N.S.,
2023.
3. As per allegation, a thirteen year old daughter of the
informant has been enticed away by the Petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further refers to the statement of the alleged victim as
recorded under Section 183 B.N.S.S., wherein she has clearly
stated before learned Judicial Magistrate, that she was
acquainted with the accused/Petitioner because she was living in
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the vicinity of the Petitioner. As per her further statement, she
was beaten by her parents on 24.07.2025. Hence, she went to
Manish Kumar, without giving any information to her parents,
and subsequently went to Dildarnagar in U.P. When her father
along with the police reached there on 25.07.2025, she came
back to her home. In her statement, she has also stated that she
wants to live with her parents. He also refers to the medico-legal
examination report, as per which, there is no sexual assault, and
therefore, there is no enticement on the part of the Petitioner and
the alleged victim had gone to the Petitioner on her own. He
further submits that the Petitioner and the alleged victim are
acquainted with each other and they also like each other and the
Petitioner is even planning to marry her.
5. He further submits that the petitioner has been
languishing in jail since 26.07.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
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9. Considering the aforesaid facts and circumstances,
particularly, the lack of any enticement on the part of the
Petitioner to take the victim away from the guardianship of the
Informant, this application is allowed, directing the petitioner,
above-named, to be enlarged on bail on his furnishing bail
bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below in connection with Phulwari Sharif P.S.
Case No.1199 of 2025 on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
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hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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