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Patna High Court
Amit Kumar Mandal @ Amit Kumar @ Amit ... vs The State Of Bihar on 12 February, 2026
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.303 of 2014
Arising Out of PS. Case No.-122 Year-2012 Thana- MANSI District- Khagaria
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Amit Kumar Mandal @ Amit Kumar @ Amit Mandal, Son of Laxman
Mandal, Resident of village- Bhramarpur Satiyana tola P.S.- Bihpur, Distt.
Bhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhas Chandra, Amicus Curiae
For the State : Mr. Bipin Kumar, Addl. P.P.
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
Date : 12-02-2026
No one appears on behalf of the appellant and the instant
appeal is old one.
2. Considering the aforesaid aspect, Mr. Abhas Chandra,
learned Advocate, who is present in Court, is requested to assist
this Court in this matter as Amicus Curiae. The trial court records
are handed over to him for perusal of the relevant materials.
3. After some time, the matter is taken up again. Mr.
Abhas Chandra, learned Amicus Curiae, and Mr. Bipin Kumar,
learned Additional Public Prosecutor for the State, are heard at
length.
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4. The instant appeal has been preferred against the
judgment of conviction dated 05.04.2014 and the order of sentence
dated 15.04.2014 passed by the learned IIIrd Ad hoc Additional
Sessions Judge, Khagaria, in Sessions Case No. 379 of 2012
arising out of Mansi P.S. Case No. 122 of 2012, corresponding to
G.R. No. 1195 of 2012, whereby and whereunder the appellant has
been convicted for the offence punishable under Section 366 of the
Indian Penal Code (in short, "IPC") and sentenced to undergo
rigorous imprisonment for seven years and to pay a fine of Rs.
5,000/-. In default of payment of fine, he has further been directed
to undergo simple imprisonment for a period of one year.
Prosecution Story:-
5. The crux of the prosecution case is that the
informant's minor daughter, aged about fifteen years, went missing
on 03.06.2012. On the morning of the said day, she allegedly fled
away from her house taking with her several ornaments, as
detailed in the F.I.R. Thereafter, efforts were made to trace her
whereabouts. Ultimately, on 16.06.2012, Shivaji Mandal, the uncle
of the informant, came to her house and informed her that the
victim had been seen at the house of the appellant. According to
the said Shivaji Mandal, the appellant was his co-villager. The
informant has alleged in the F.I.R. that the appellant, who was
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having criminal antecedents at the time of the alleged occurrence,
had kidnapped her minor daughter.
6. The appellant was charged for the offence punishable
under Section 366A of the Indian Penal Code.
7. During trial, altogether nine prosecution witnesses
were examined on behalf of the prosecution, who are as follows:-
Sl. Name Relevancy
No.
PW-1 Shivaji Mandal Relative witness
PW-2 Ajanasiya Devi Relative witness
PW-3 Sharwan Mandal Relative witness
PW-4 xxxxx Father of the victim
PW-5 xxxxx Victim
PW-6 xxxxx Mother of the victim, informant
PW-7 Dr. Jyotsana Doctor who examined the victim
Kumari Sinha
PW-8 Abhinandan Investigating officer
Kumar Singh
PW-9 Dr. Yogendra Doctor who examined the victim
Singh Priyasi
8. In documentary evidence, the statement of the victim
recorded under Section 164 of the Cr.P.C., the written report
submitted by the informant on the basis of which the formal F.I.R.
was instituted, the injury report of the victim and her
supplementary injury report, including the report of the Medical
Board which examined her, were brought on record and exhibited.
Besides the aforesaid documents, the formal F.I.R. of the present
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case, bearing Mansi P.S. Case No. 122 of 2012, was also exhibited
and marked as Exhibit-5.
Submission by learned Amicus Curiae:-
9. Mr. Abhas Chandra, learned Amicus Curiae, submits
that in view of the evidence of the victim herself, the present case
pertains to an elopement and a consensual marriage between the
victim and the appellant. It is further submitted that though the age
of the victim was mentioned as 15 years in the F.I.R., the Medical
Board assessed her age to be between 15 and 17 years. If a margin
of two years is added to the upper side of the age assessed by the
Medical Board, the victim may be treated as having attained
majority at the time of the alleged occurrence. Learned Amicus
Curiae further submits that the victim has not supported the
prosecution case in its entirety before the trial court and has not
remained consistent with the allegations levelled in the F.I.R. In
this regard, her statement recorded under Section 164 of the
Cr.P.C. as well as her deposition before the trial court may be
perused.
Submission by learned Additional Public Prosecutor
10. Learned APP also accepts the submission advanced
by the learned Amicus Curiae.
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Consideration and Analysis:-
11. After hearing learned counsel for the parties and
upon perusal of the relevant materials available on the record of
the trial court, as also the evidence discussed in the impugned
judgment, this Court is of the considered opinion that, in view of
the statements made by the informant's daughter, who is said to be
the victim, the essential ingredients of Section 366 of the IPC, for
which the appellant has been convicted, are not attracted. The
victim has deposed in her cross-examination that she was a major
at the time of the alleged occurrence and that her parents had
incorrectly mentioned her date of birth in her matriculation
certificate as they intended to solemnize her marriage with some
other person against her wishes. She has further stated that, for the
said reason, she left her parental house of her own volition and
subsequently solemnized marriage with the appellant in a temple
out of her free will. She has also admitted in her cross-examination
that the physical relationship between her and the appellant was
consensual and that she was leading a conjugal life with him,
treating him as her husband. She further stated that her statement
before the police was made under pressure. The victim also
deposed that she had come from her matrimonial home (Sasural)
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along with her mother-in-law and sister-in-law and expressed her
desire to return to her Sasural with them.
Conclusion:-
12. In view of the aforesaid statements made by the
victim in her cross-examination, coupled with the material
contradictions between her deposition in court, and her statement
recorded under Section 164 of the Cr.P.C. before the learned
Judicial Magistrate, and her statements made in examination-in-
chief, the prosecution case, as set out in the F.I.R., does not inspire
confidence. The approach of the trial court in recording conviction
of the appellant, therefore, does not appear to be proper.
Accordingly, the impugned judgment of conviction dated
05.04.2014
and the order of sentence dated 15.04.2014 passed by
the learned IIIrd Adhoc Additional Sessions Judge, Khagaria, in
Sessions Case No. 379 of 2012 arising out of Mansi P.S. Case No.
122 of 2012, corresponding to G.R. No. 1195 of 2012, convicting
and sentencing the appellant under Section 366 of the IPC, are
hereby set aside.
13. The appeal is allowed.
14. The appellant is on bail. Accordingly, his bail bonds
stand cancelled forthwith, and he, along with his sureties, is hereby
discharged from their respective liabilities.
Patna High Court CR. APP (SJ) No.303 of 2014 dt.12-02-2026
15. Let the records of the trial court, along with a copy
of this judgment, be transmitted forthwith to the concerned court
for compliance and for taking necessary action.
16. Mr. Abhas Chandra, learned Amicus Curiae, shall be
entitled to remuneration in terms of the Notification dated
18.05.2017 issued by the State Government. The said
remuneration shall be paid by the Patna High Court Legal Services
Committee for the assistance rendered by him to this Court as
Amicus Curiae.
(Shailendra Singh, J)
maynaz/-
AFR/NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date 18.02.2026
