Manohar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67416 of 2025 Arising Out of PS. Case No.-195 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== MANOHAR KUMAR S/o- Ganga Mahto R/o- Manpur Jaua Bhanaspatti W.No-6, Ps- Runnisaidpur Dist- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanju Devi W/o- Sanjay Paswan R/o- Manpur Jaua Bhanaspatti W.No-6, PsRunnisaidpur Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2), 96, 126(2), 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of POCSO Act.
3.
Learned counsel for the petitioner submits that petitioner has antecedent of one case, but then the said case was also instituted from the side of the informant. It is next submitted that the informant alleges that petitioner earlier on 243-2025 eloped with the victim, but brought her back on 29-32025, for which a case was instituted, further on 10-5-2025 she
Patna High Court CR. MISC. No.67416 of 2025(3) dt.17-11-2025 2/3 came to know that petitioner along with his family members again kidnapped the victim.
4.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner and the victim were known and the victim earlier had accompanied him on her sweet will, as such the criminal case instituted by the informant alleging kidnapping was found false and final form was submitted exonerating the petitioner of the allegation. It is further submitted that again the victim on her own volition accompanied the petitioner when the instant FIR came to be instituted. It is also submitted that the victim has come back and her statement was recorded under Section 183 BNSS, wherein she has not supported the case of the prosecution rather has stated that her mother had intended to get her married forcefully as such she fled from the house. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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
Patna High Court CR. MISC. No.67416 of 2025(3) dt.17-11-2025 3/3 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 Runnisaidpur P.S. Case No. 195 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Sumit/- U T