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Patna High CourtCR. MISC./87333/2025allowed

Manas Das @ Mansa Prasad @ Mansa Das v. The State Of Bihar

2026-01-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87333 of 2025 Arising Out of PS. Case No.-427 Year-2025 Thana- GORAUL District- Vaishali ====================================================== Manas Das @ Mansa Prasad @ Mansa Das S/O Narendra Prasad @ Nathu Das R/O Village- Chaudhari Bazar, Police Station- Hajipur Town, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Goraul P.S. Case No. 427 of 2025 registered for the offence punishable under Sections 137(2) (363 I.P.C.) and 87(366 I.P.C.) of the B.N.S., 2023

3. The case of the prosecution in short is that the petitioner, who is the husband of the victim, has taken her away when the informant has gone to perform his work.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that from

Patna High Court CR. MISC. No.87333 of 2025(2) dt.05-01-2026 2/3 perusal of the order of the learned trial court, it will transpire that the learned trial court has recorded that 'it is interesting to note that in her statement recorded under Section 183 of the BNSS, the victim has disclosed that she was initially married to the petitioner but subsequently married to and living with the informant with whom she also had two daughters'. Learned counsel for the petitioner has further submitted that it is not a case of the informant that the victim is divorced, and from the statement of the victim itself, it is clear that she was initially married to the petitioner.

In those facts and circumstances, the informant has got no right to keep the victim with him as his wife as there is no divorce between the petitioner and the victim, and the real culprit is the informant. He also submits that the victim is having a relationship with the petitioner and the informant as well, and she keeps shifting from one place to another at her own sweet will. It has also been submitted that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 19.09.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.87333 of 2025(2) dt.05-01-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in connection with Goraul P.S. Case No. 427 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T