Vishal Mandal @ Bishal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19252 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Vishal Mandal @ Bishal Mandal S/O Balbodh Mandal R/O Village- Salha, P.S.- Benipatti, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi W/O Ravindra Mandal R/O Village- Salha, P.S- Benipatti, Distt.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr. Vinod Kumar, Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP For the Informant :

Mr. Sanjay Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 96 of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 10.08.2024, her daughter was going to school when four accused including the petitioner kidnapped her and when informant went to the house of Krishna Mandal to inquire about

Patna High Court CR. MISC. No.19252 of 2025(4) dt.22-08-2025 2/3 her daughter, when Pankaj and his father abused her and Pukar Mandal disclosed that his son kidnapped her daughter to marry her.

4. The learned counsel for the petitioner next submits that the case was taken up on 23.04.2025 when the learned APP was directed to file a counter affidavit duly sworn by the Superintendent of Police, Madhubani. It is next submitted that a counter affidavit has been filed wherein it has been specifically stated that victim was recovered and her statement was recorded under Section 183 BNSS and the victim has not supported the case of the prosecution, rather has stated that she married Krishna Mandal. It is submitted that since petitioner is cousin brother of Krishna Mandal, as such, he has been implicated in order to coerce Krishna Mandal into submission.

5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the victim has not supported the case of the prosecution and has not named this petitioner in her statement recorded under Section 183 BNSS of committing any overt act.

Patna High Court CR. MISC. No.19252 of 2025(4) dt.22-08-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Benipatti P.S. Case No. 190 of 2024 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T