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Patna High Court

Gunjan FarukiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Gunjan Faruki, daughter of Siraj Nat, applied for anticipatory bail after learning that she might be arrested in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences Act, the Immoral Traffic (Prevention) Act and the Juvenile Justice Act. The FIR alleges that a 16‑year‑old minor was rescued from a red‑light area and that Gunjan, along with her father and his wife, were involved in the minor's exploitation, with the petitioner specifically accused of assaulting the victim. The petitioner contended that she has a clean antecedent, that the victim’s statement recorded under Section 183 of the BNS does not mention her or her parents, and that the primary culpability lies with other accused. The State opposed the anticipatory bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking its powers under Section 482(2) of the BNS. The order also stipulated that the bail be conditioned on the petitioner’s surrender or arrest within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under the BNS, POCSO Act, ITPA and Juvenile Justice Act
  • Whether the petitioner’s alleged involvement is substantiated by the victim’s statement and the FIR

Legislation cited

Subjects

  • anticipatory bail
  • human trafficking
  • prostitution
  • minor victim
  • false implication
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • Immoral Traffic Prevention Act
  • Juvenile Justice Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12629 of 2026
                  Arising Out of PS. Case No.-410 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Gunjan Faruki D/o- Siraj Nat R/v- Bataraha W.No-26/35, Ps Dist- Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Namita Shankar R/v- Sakhi Van Stop Senter Sah Mahila Helpline, Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjay Kumar Singh
                 For the Opposite Party/s :      Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 141, 143,

                   144, 99, 61(2), 70(2) of the Bharatiya Nyaya Sanhita and

                   Sections 4, 12, 17 of the Protection of Children from Sexual

                   Offence Act 2012 and Sections 3, 5, 6, 4 of Immoral Traffic

                   (Prevention Act 2016) and Section 75 of the Juvenile Justice

                   Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that a minor aged about 16 years was recovered from a

                   red light area, who disclosed that she is a resident of Nepal and
Patna High Court CR. MISC. No.12629 of 2026(2) dt.23-03-2026
                                            2/3




          is daughter of Prabhu Das and has 3 sisters, who are married,

          further when she was 10 years old, she had come to Patna along

          with her parents but got separated as she missed the train,

          further she met a man and a woman, who on pretext of sending

          her back to her parents sold her to Ladla at Sitamarhi, who took

          household work from her and even made her indulge in

          prostitution, further a raid was conducted when Ladla handed

          her over to his father-in-law Siraj Nat, who made her indulge in

          prostitution, but the victim somehow called 112 and was

          recovered by the police, further wife wife of Siraj Nat, namely,

          Rahima use to keep her earnings while his daughter Gunjan

          (petitioner) used to assault her.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case being

          daughter of Siraj Nat. It is next submitted that from perusal of

          the allegations as alleged in the FIR, it would manifest that the

          thrust of allegation is against Ladla, Siraj Nat and wife of Siraj

          Nut, who is alleged to have kept the earnings of the victim,

          which she earned through prostitution. It is further submitted

          that as far as the instant petitioner is concerned, against her it is

          alleged that she used to assault the victim. It is also submitted

          that the statement of the victim was recorded under Section 183
              Patna High Court CR. MISC. No.12629 of 2026(2) dt.23-03-2026
                                                          3/3




                        BNSS on 9-4-2025, wherein she has not even remotely alleged

                        anything against Siraj Nat, his wife and the petitioner. It is next

                        submitted that Siraj Nat was taken in custody, but then he was

                        granted the privilege of regular bail by an order dated 26-11-

                        2025 in Cr. Misc No. 48274 of 2025 by a learned Co-ordinate

                        Bench considering the statement of the victim recorded under

                        Section 183 BNSS.

                                 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 her arrest or surrender 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 Saharsa Sadar P.S. Case No. 410 of 2025 subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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