Patna High Court
Gunjan FarukiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 141, 143, 144, 183, 482(2), 61(2), 70(2), 99
- Immoral Traffic (Prevention) Act, 2016 — s. 3, 4, 5, 6
- Juvenile Justice Act — s. 75
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 17, 4
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
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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
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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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