Md. Abdul Mannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13393 of 2025 Arising Out of PS. Case No.-298 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Md. Abdul Mannan S/O Md. Ajij @ Md. Azim R/O Village- Chakbahauddin, P.S- Dalsinghsarai, Distt.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vimal Devi D/O Late Sugeshwar Mahto R/O Village- Mokhtiyarpur Sakhanni, ward No. 12, P.S- Dalsingh Sarai, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh, Advocate Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dalsinghsarai P.S. Case no.298 of 2024, registered under sections 115(2), 137(2), 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 3(1)(r) and 3(1)(s) of the SC/ST Act.

3. As per the prosecution case, the informant states that her minor daughter was kidnapped by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged has taken place and it is for this reason that the informant mother of the alleged victim who was examined in course of the trial has not supported the prosecution

Patna High Court CR. MISC. No.13393 of 2025(3) dt.09-06-2025 2/2 case. The petitioner is in custody since 27.9.2024 and has no criminal antecedent. He undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned APP for the State, who submits that the statement of the victim was recorded under section 183 BNSS wherein she has described herself to be aged about 16 years. She has supported the prosecution case of the petitioner having kidnapped her with the help of an intoxicating spray and of having abused, assaulted and misbehaved with her.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR and especially the statement of the victim recorded under section 183 BNSS, in view of the fact that the trial has commenced in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T