Akash Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52664 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Akash Kumar Mandal S/O Ram Balak Mandal R/O Mohalla- Laxmisagar, P.S.- Darbhanga Sadar, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Dhaneshari Devi W/O Dinesh Mahto R/O Vill.- Dhoi, P.O.- Dhoi, P.S.- Darbhanga Sadar, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr Satyendra Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Darbhanga Sadar P.S. Case No. 5 of 2025 dated 09.01.2025, instituted for the offence punishable under Sections 96 of the Bharatiya Nyaya Sanhita.

3. The allegation against the petitioner is that he kidnapped 13 years old minor girl and solemnized marriage with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has been made

Patna High Court CR. MISC. No.52664 of 2025(3) dt.15-11-2025 2/3 accused in this case only on the basis of suspicion. It is next submitted that there is no eye witness to the alleged occurrence. Lastly, it has been submitted that the petitioner is in custody since 11.01.2025, having no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner kidnapped the victim, who is a minor girl aged about 13 years. It is further submitted that as per the birth certificate, the date of birth of the victim is 02.08.2013 i.e. about 12 years. Learned A.P.P. further submitted that the victim girl was recovered from the house of the petitioner and her statement was recorded before the learned Magistrate in which she supported the case of the prosecution. The doctor has assessed the age of the victim to be 14-15 years. It is also submitted that the petitioner is married with another women having one child from the wedlock.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

8. However, the learned Trial Court is directed to

Patna High Court CR. MISC. No.52664 of 2025(3) dt.15-11-2025 3/3 expedite the trial and take all endeavour to conclude the trial at the earliest, preferably, within a period of one (01) year from the date of receipt or production of a copy of this order. (Khatim Reza, J) Sankalp/- U T