Patna High Court

Nikky Manjhi @ Nikky Kumar @ Nikki KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

Nikky Manjhi was arrested in connection with a case alleging that he kidnapped a 15‑year‑old girl for the purpose of marriage, under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The victim later returned and, in a statement recorded under section 183 of the same Act, claimed to be 16 years old and did not support the prosecution, refusing a medical examination. The petitioner, who has no prior criminal record, had been in custody since 12‑April‑2025 and a chargesheet had been filed. The State and the informant opposed bail, emphasizing the minor status of the victim. After considering the victim’s statement, the length of custody, the absence of antecedents and the filed chargesheet, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

What is the appropriate bail disposition for an accused charged under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita where the alleged victim is a minor and the accused claims false implication?

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 96

Subjects

regular bail
kidnapping
child marriage
minor victim
Bharatiya Nyaya Sanhita
criminal procedure
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89211 of 2025
                   Arising Out of PS. Case No.-136 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Nikky Manjhi @ Nikky Kumar @ Nikki Kumar S/o Late Krishna Manjhi
                 Resident of village - Koriya, Post - Rehua, P.S.- Lakhisarai, Distt.- Lakhisarai


                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ W/o Y R/o vill - Salonachak, ward no. 5, P.S.- Lakhisarai, Distt.-
                 Lakhisarai


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Hemant Ray, Advocate
                 For the State           :        Mr. Tarun Prasad Mandal, APP
                 For the Informant       :        Mr. Manoj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                  ORAL ORDER

3   19-03-2026                    Heard learned counsel for the parties.

                                  2. The petitioner has preferred this application for

                   grant of regular bail in connection with Lakhisarai P.S. Case no.

                   136 of 2025 registered under sections 96 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                  3. As per the prosecution case, the informant states

                   that his 15 year old minor daughter was kidnapped by the

                   petitioner along with the other accused persons for the purpose

                   of marriage.
Patna High Court CR. MISC. No.89211 of 2025(3) dt.19-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. The daughter of the

          informant returned and her statement was recorded under section 183

          B.N.S.S. wherein her age has been assessed to be 16 years and she

          has not supported the prosecution case. She denied to undergo

          medical examination. The petitioner is in custody since 12.4.2025

          and has no criminal antecedent. Chargesheet has been submitted in

          the case.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that from the material on

          record, it is not in dispute that the victim is a minor and the

          petitioner married a minor.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, specially the

          contents of the statement of the victim recorded under section

          183 B.N.S.S. together with the petitioner having remained in

          custody for 11 months since 12.4.2025, not having any criminal

          antecedent and chargesheet having been submitted in the case,

          the Court directs the petitioner to be enlarged on bail in connection

          with Lakhisarai P.S. Case no. 136 of 2025 on furnishing bail bond of
           Patna High Court CR. MISC. No.89211 of 2025(3) dt.19-03-2026
                                                       3/3




                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Additional District

                     Judge-VI, Lakhisarai.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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