Golu Manjhi @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52957 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Golu Manjhi @ Golu Kumar S/O Late Dharmendra Manjhi R/O Village- Pet Biraicha, P.S- Barauli, District - Gopalganj. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Lokesh Kumar Singh, Advocate For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barauli P.S. Case No-317 of 2024, dated-30.11.2024, registered for the offences punishable under Sections 87 of the B.N.S., 2023.
3. As per allegation, a fourteen year old daughter of the informant has been enticed away by the Petitioner and even parents of the Petitioner are instrumental in this offence of kidnapping.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged victim is major and there was love affairs between the Petitioner and the alleged victim and the victim herself came to the Petitioner for solemnizing the marriage, and hence, the marriage has been solemnized between the Petitioner and the alleged victim and she is living in the matrimonial home of the Petitioner and she is
Patna High Court CR. MISC. No.52957 of 2025(2) dt.11-08-2025 2/3 also expecting a child out of the wedlock. Even in her statement under Section 183 B.N.S.S., the alleged victim has clearly stated that she herself had gone to the Petitioner and entered into marriage with the him. As such, it is a case of persecution and not prosecution. The Petitioner has not committed any offence.
5. He further submits that the petitioner has been languishing in jail since 22.02.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Barauli P.S. Case No-317 of 2024 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.52957 of 2025(2) dt.11-08-2025 3/3 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T