Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50258 of 2025 Arising Out of PS. Case No.-434 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Manish Kumar Son of Ashok Prasad @ Ashok Mahto village- Hardiya Barwat Sena, PS- Muffasil District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar bihar 2.

Arun Kumar son of Late Raghunath Sah Village- Visunpura, ps- jagdishpur, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Prem Kumar Jha For the Informant :

Ms. Deepshikha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for regular bail in connection with Nautan (Jagdishpur) P.S. Case No. 434/2023 dated 06.10.2023 registered for the offences punishable u/ss 363, 366A and 506 read with 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.50258 of 2025(2) dt.15-10-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she solemnized marriage with the petitioner Manish Kumar on her own sweet will. The petitioner and the victim are living their conjugal life peacefully. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. Learned counsel for the informant has submitted that the petitioner and the victim has solemnized marriage and are leading their conjugal life peacefully.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Nautan

Patna High Court CR. MISC. No.50258 of 2025(2) dt.15-10-2025 3/3 (Jagdishpur) P.S. Case No. 434/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T