Patna High Court
Subodh Kumar @ Subodh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Subodh Kumar, sought bail in a criminal case (PS Case No. 14 of 2025) where he was accused under sections 137(2), 96 and 3(5) of the Bharatiya Nagarik Suraksha (BNS) for allegedly kidnapping a minor girl for marriage. The victim’s statement recorded under section 183 of the BNS indicated that she left home voluntarily and denied being kidnapped. The petitioner also highlighted his clean antecedent. The State and the informant opposed bail. Considering the victim’s statement, the petitioner’s clean record, and other circumstances, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner accused under sections 137(2), 96 and 3(5) of the BNS in view of the victim’s voluntary statement under section 183.
- Whether the petitioner’s clean antecedent and the circumstances warrant bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha (BNS) — s. 137(2), 183, 3(5), 96
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- kidnapping
- forced marriage
- victim statement
- clean antecedent
- criminal procedure
- Bharatiya Nagarik Suraksha
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91731 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Subodh Kumar @ Subodh Mandal Son of Sanjay Mandal Resident of Village-
Kisan Nagar, Fulkiya, P.S.- Ghogha, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif , APP
For informant : Mr. Rajesh Kumar , Advocate
Mr. Devendra Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner, informant
and the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 137 ( 2 ), 96 and 3
(5) of BNS.
3 . As per F.I.R. this petitioner along with other co-
accused persons kidnapped minor daughter of informant for the
purpose of marriage .
4. It is submitted on behalf of the petitioners that the
victim in her statement recorded under section 183 of BNSS
denied the prosecution case and categorically stated that she on
her own volition left her house and no one kidnapped her.
Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.91731 of 2025(3) dt.17-02-2026
2/2
5 . Learned counsel for the State and informant
opposed the bail petition .
6 Considering the aforesaid facts, statement of the
victim recorded under section 183 of BNSS, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on 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 ACJM – IInd
Bhagalpur in connection with Ghogha P . S. Case No. 14 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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