Patna High Court
Kanchan Mandal @ Suraj MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail to the petitioner, finding the allegations sufficient to justify continued custody.
Summary
The petitioner, Kanchan Mandal, applied for regular bail in a case registered under sections 363, 366A, 504, 506 and 34 of the Indian Penal Code, alleging kidnapping of a 14‑year‑old girl for marriage. The prosecution’s informant claimed the girl was abducted by the petitioner and another accused, and her statement recorded under sections 161 and 164 of the Cr.P.C. contradicted the petitioner’s claim of false implication and highlighted a three‑day delay in lodging the FIR. The State opposed bail, noting the medical board’s assessment that the victim was between 14 and 16 years old and her unequivocal statement that she was forcibly kidnapped by the petitioner. After hearing both sides, the Court found the allegations serious and the victim’s testimony credible, and therefore refused to grant bail. The trial court was directed to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the victim’s age
- Whether the delay in filing the FIR and alleged contradictions in the victim’s statements affect the bail application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 34, 363, 366A, 504, 506
Subjects
- kidnapping
- child marriage
- bail
- Criminal Procedure Code
- Indian Penal Code
- victim statement
- age of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78343 of 2025
Arising Out of PS. Case No.-211 Year-2024 Thana- ALAMNAGAR District- Madhepura
======================================================
Kanchan Mandal @ Suraj Mandal, S/o Tuntun Mandal, R/o Village- Harihar
Tola, Ward No. 6, P.S.- Alamnagar, District- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mithilesh Ram, S/o Saryug Das, R/o Village- Kunjouri, Ward No. 02, P.S -
Alamnagar, District - Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Alamnagar P.S. Case
no.211 of 2024 registered under sections 363, 366A, 504, 506
and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states
that his 14 year old daughter was kidnapped by two accused for
the purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is an
unexplained delay of three days in lodging of the F.I.R. The
victim returned and her statement was recorded under sections
161 and 164 of the Cr.P.C. and there is contradiction in the
Patna High Court CR. MISC. No.78343 of 2025(3) dt.11-02-2026
2/2
same. The petitioner is in custody since 21.8.2024 and charge-
sheet has been submitted in the case. He has no criminal
antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State who submits that the age of the victim was
assessed by the medical board to be between 14 to 16 years.
Further in her statement under section 164 of the Cr.P.C. she has
categorically stated that she was forcibly kidnapped by the
petitioner and one another and the petitioner misbehaved with
her against her wishes.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. together with the contents of the statement of the
victim recorded under section 164 of the Cr.P.C., the Court is
not inclined to enlarge the petitioner on bail and the application
is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…