Diwakar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80921 of 2025 Arising Out of PS. Case No.-261 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Diwakar Manjhi son of Pintu Manjhi @ Pintu Kumar Manjhi Resident Of Village- Patedhi, ps- Madhowrah, Dist- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Chapra Muffasil P.S. Case No. 261 of 2025 instituted for the offences under Section 96 of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that petitioner along with other co-accused has taken away the minor daughter of the informant with intention to marry her.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. On recovery, the statement of the victim has been recorded under Section 183 of BNSS in which she, however, has supported the allegation made in the F.I.R. but only stated that petitioner kept her in his Mausi

Patna High Court CR. MISC. No.80921 of 2025(3) dt.20-02-2026 2/3 house till one month, but no illegal act has been committed by the petitioner. He further submits that victim has denied to undergo medical examination. The date of occurrence is 11.05.2025 and F.I.R. has been lodged on 15.05.2025 for which no cause of delay has been explained. He further submitted that there is love affair between the victim and the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.07.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the statement of victim recorded under Section 183 of BNSS, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil P.S. Case No. 261 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.

Patna High Court CR. MISC. No.80921 of 2025(3) dt.20-02-2026 3/3 (II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T