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Patna High Court

Manas Das @ Mansa Prasad @ Mansa DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Manas Das, sought bail in a case registered as Goraul P.S. Case No. 427 of 2025, alleging offences under Sections 363 and 366 of the Indian Penal Code as per the B.N.S., 2023. The prosecution alleged that the petitioner, who is the husband of the victim, abducted her when the informant was away. The petitioner contended that he was falsely implicated, that the victim was still legally married to him, and that there was no divorce, making the informant the real culprit. The trial court record showed the victim’s statement indicating prior marriage to the petitioner and subsequent cohabitation with the informant. After hearing both sides, the High Court found no compelling reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Vaishali.

Issues considered

  • Whether the petitioner is entitled to bail in a case of alleged kidnapping and criminal intimidation under Sections 363 and 366 IPC.

Legislation cited

Subjects

  • bail
  • kidnapping
  • criminal intimidation
  • IPC
  • Section 363
  • Section 366
  • marital dispute
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87333 of 2025
                       Arising Out of PS. Case No.-427 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
                 Manas Das @ Mansa Prasad @ Mansa Das S/O Narendra Prasad @ Nathu
                 Das R/O Village- Chaudhari Bazar, Police Station- Hajipur Town, District-
                 Vaishali.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Prasad, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Goraul P.S. Case No. 427 of 2025 registered for the offence

                   punishable under Sections 137(2) (363 I.P.C.) and 87(366 I.P.C.)

                   of the B.N.S., 2023

                                3. The case of the prosecution in short is that the

                   petitioner, who is the husband of the victim, has taken her away

                   when the informant has gone to perform his work.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that from
Patna High Court CR. MISC. No.87333 of 2025(2) dt.05-01-2026
                                            2/3




          perusal of the order of the learned trial court, it will transpire

          that the learned trial court has recorded that ‘it is interesting to

          note that in her statement recorded under Section 183 of the

          BNSS, the victim has disclosed that she was initially married to

          the petitioner but subsequently married to and living with the

          informant with whom she also had two daughters’. Learned

          counsel for the petitioner has further submitted that it is not a

          case of the informant that the victim is divorced, and from the

          statement of the victim itself, it is clear that she was initially

          married to the petitioner. In those facts and circumstances, the

          informant has got no right to keep the victim with him as his

          wife as there is no divorce between the petitioner and the victim,

          and the real culprit is the informant. He also submits that the

          victim is having a relationship with the petitioner and the

          informant as well, and she keeps shifting from one place to

          another at her own sweet will. It has also been submitted that a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and he is languishing in judicial

          custody since 19.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and
           Patna High Court CR. MISC. No.87333 of 2025(2) dt.05-01-2026
                                                       3/3




                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in

                     connection with Goraul P.S. Case No. 427 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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