Patna High Court
Rambahal ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rambahal Manjhi, applied for bail in a case registered under Sections 137, 96, 352 and 3(5) of the Bihar Penal Code, alleging abduction of a girl. The prosecution alleged that the petitioner had abducted the victim, while the victim’s statement indicated that she had voluntarily eloped with the petitioner. The petitioner had been in custody since 22 February 2025. The court examined the victim’s statement and found no element of force or coercion. Consequently, the bail application was allowed, subject to a bail bond of Rs. 10,000 with two sureties of the same amount, to be satisfied before the Special Judge of the POCSO Act‑cum‑ADJ‑VI, Gaya. The petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the accused in an abduction case where the victim claims to have eloped voluntarily.
Legislation cited
Subjects
- bail
- abduction
- voluntary elopement
- criminal procedure
- POCSO Act
- section 137
- section 96
- section 352
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88299 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- CHERKI District- Gaya
======================================================
Rambahal Manjhi S/o Vinod Manjhi R/o Village- Jamri, P.S- Cherki, Dist-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX S/o YYY R/o Village- Jamari, P.S- Cherki, Dist- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Cherki P.S. Case No. 18 of 2025 registered for the offence under
Section 137, 96, 352, 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 22.02.2025.
5. From the statement of the victim girl, it appears
that the victim has eloped with the petitioner on her own.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.88299 of 2025(4) dt.19-03-2026
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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 Special Judge-POCSO Act-cum-ADJ-VI,
Gaya/concerned Court below in connection with Cherki P.S.
Case No. 18 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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