Patna High Court
Vikash ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted in the present case.
Summary
Vikash Manjhi was arrested in connection with an alleged kidnapping of a minor girl for the purpose of marriage, charged under sections 87 and 96 of the Indian Penal Code. The victim, in a statement recorded under Section 183 of the BNSS, asserted that she had gone with the petitioner of her own free will and that no physical relationship existed between them. The petitioner contended that he was falsely implicated, had no prior criminal record, and had been in judicial custody since 13‑08‑2025. The State opposed the grant of regular bail. Considering the victim’s voluntary accompaniment, the absence of a physical relationship, and the petitioner’s clean antecedents, the Court inclined to enlarge bail. Consequently, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a case under sections 87 and 96 IPC where the victim claims voluntary accompaniment.
- Whether the victim’s statement under Section 183 BNSS negates the applicability of sections 87 and 96 IPC.
Legislation cited
- BNSS — s. 183
- Indian Penal Code — s. 87, 96
Subjects
- bail
- kidnapping
- marriage
- IPC sections 87
- IPC section 96
- victim statement
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88637 of 2025
Arising Out of PS. Case No.-387 Year-2025 Thana- AKBARPUR District- Nawada
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Vikash Manjhi S/o Vijay Manjhi @ Shree Vijay Manjhi R/o Village - Sita
Rampur, P.S - Muffasil, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 87 and 96
of the Indian Penal Code.
3. The case of the prosecution is that the kidnapped
the minor daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from the perusal of the order passed by the trial Court, it is clear
that the victim, in her statement recorded under Section 183 of
the BNSS, has categorically stated that she had gone with the
petitioner on her own sweat will. She has further stated that the
Patna High Court CR. MISC. No.88637 of 2025(2) dt.06-01-2026
2/2
petitioner did not establish physical relationship with her. It is
contended that since the victim voluntarily accompanied the
petitioner, the allegations under Sections 87 and 96 of the BNS
are not attracted. Moreover, the petitioner is languishing in
judicial custody since 13.08.2025 having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Akbarpur P.S. Case No. 387 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Nawada.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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