Patna High Court
Manohar Kumar RishiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the provisional bail granted on 03‑12‑2025 stands confirmed in light of the affidavit and the filing of the charge‑sheet.
Summary
Manohar Kumar Rishi, the petitioner, was in custody for offences alleged under sections 137(2), 96, 115(2), 352 and 3(5) of the BNS, stemming from an incident where he and another person allegedly abducted a girl. The prosecution’s informant claimed the girl was taken against her will, but the girl later gave an affidavit stating she left voluntarily and married the petitioner. Based on this affidavit, the police discharged the family members and filed a charge‑sheet only against the petitioner. The court had earlier granted provisional bail on 03‑12‑2025 and, after reviewing the affidavit and charge‑sheet, confirmed that bail. The order thereby upheld the petitioner’s release pending trial.
Issues considered
- Whether the petitioner is entitled to bail in view of the affidavit indicating the alleged victim's voluntary departure and marriage.
- Whether the FIR allegations constitute offences under the cited sections of the BNS.
Legislation cited
- BNS — s. 115(2), 137(2), 3(5), 352, 96
Subjects
- bail
- affidavit
- FIR
- voluntary consent
- marriage
- BNS
- sections 137(2)
- sections 96
- sections 115(2)
- sections 352
- sections 3(5)
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81761 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- Marnga District- Purnia
======================================================
Manohar Kumar Rishi Son of Bablu Rishi Resident of Village- Chakla
Mushari, Ps- K. Nagar Dist- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Bulbul Paswan son of Late Negru Paswan Resident Of Village - Kalyanpur
Ghuski tola Ward no. 07, Po. S- Maranga, Dist- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-02-2026 Heard the parties.
2. The petitioner is in custody in connection with
Maranga P.S. Case No. 196 of 2025 for the offence punishable
under sections 137(2)/96/115(2)/352/3(5) of the BNS.
3. As per the prosecution story, the informant alleged
that Manohar Kumar Rishi (petitioner herein) and Rohit Kumar
Rishi came on a motorcycle, stopped at a distance from his
house, called his daughter, made her to sit on the said
motorcycle and ran away. Though he started shouting, they
managed to escape. Later, when Rohit Kumar Rishi returned
and made an enquiry, was abused. This led to the FIR.
4. This Court wanted an affidavit from the Senior
Patna High Court CR. MISC. No.81761 of 2025(3) dt.13-02-2026
2/2
Superintendent of Police, Purnea on the point whether the girl
left the place on her own or the allegation made by the family is
correct.
5. The affidavit has come, according to which, the girl
though around 17 years narrated that she went on her own and
solemnized marriage with the petitioner in a temple as her father
wanted her to marry someone else. In that background, the
Police discharged all the family members from the said offence
while submitting charge-sheet against the petitioner.
6. Looking into the content of the FIR, on 03.12.2025,
while asking the Senior Superintendent of Police, Purnea to file
an affidavit, provisional bail was granted to the petitioner.
7. In view of the affidavit that has come as also that
the charge-sheet has been submitted, the provisional bail granted
to the petitioner on 03.12.2025 stands confirmed.
(Rajiv Roy, J)
Ravi/-
U T
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