Created by Fuzzy Cloud

Patna High Court

Amit Kumar @ Amit Kumar Gupta @ ChhotuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner, holding that the allegations of force and coercion merit denial of bail.

Summary

The petitioner, Amit Kumar, was arrested in connection with a kidnapping and alleged forced marriage of a 22‑year‑old woman, alleged under Sections 87 and 137(2) of the Bihar Narcotic Substances Act, 2023. The woman, who is a major, claimed that the petitioner abducted her, compelled her to have sexual relations, and forced a marriage ceremony in Lucknow despite his being already married. She had earlier obtained a protective writ from the Allahabad High Court, but later gave a statement under Section 180 of the B.N.S.S. alleging coercion. The petitioner applied for anticipatory bail, arguing that the marriage was consensual and that the woman had filed the writ. The trial judge rejected the bail, noting the victim’s statements indicating force and the gravity of the offences. The Patna High Court affirmed the trial judge’s decision and denied anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner given the alleged kidnapping, forced marriage and sexual assault.
  • Whether the victim’s statements under Section 180 constitute sufficient evidence of coercion to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • forced marriage
  • sexual assault
  • coercion
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18076 of 2026
                       Arising Out of PS. Case No.-103 Year-2025 Thana- Karvandiya District- Rohtas
                 ======================================================
                 Amit Kumar @ Amit Kumar Gupta @ Chhotu Son of Janki Sah Resident of
                 Village - Amri Tola, P.S.- Karwandiya, District - Rohtas.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashwani Kumar Tiwary
                 For the Opposite Party/s :        Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026          1. Heard the parties.

                        2. The petitioner apprehends his arrest in connection with

                   Karwandiya P.S. Case No. 103 of 2025 dated 07.09.2025

                   registered under Section 87, 137 (2) of the B.N.S., 2023.

                        3. As per the prosecution case the informant’s daughter,

                   aged about 22 years, went to market, but did not return. Upon

                   search, informant came to know that the petitioner has

                   kidnapped the daughter of the informant with intention to marry.

                        4. Learned counsel for the petitioner submits that the victim

                   girl is major and there was love relationship between the

                   petitioner and the victim. The victim solemnized marriage with

                   the petitioner and Marriage Registration Officer, Uttar Pradesh

                   granted certificate of registration of marriage declaring that

                   marriage of the petitioner with the victim girl was solemnized
Patna High Court CR. MISC. No.18076 of 2026(2) dt.08-04-2026
                                            2/3




          on 03.09.2025 at Vedant Sanatan Hindu Seva Mandir, Lucknow,

          U.P. The victim girl filed Criminal Misc. Writ Application No.

          8742 of 2025 before the Hon’ble High Court of Judicature at

          Allahabad, Lucknow Bench seeking protection of her personal

          liberty and a direction to the authorities not to interfere with the

          peaceful life and personal liberty of the girl. Accordingly, a

          Division Bench of Hon’ble High of Judicature at Allahabad

          disposed the writ application with a direction to the opposite

          parties not to interfere in the peaceful life and personal liberty of

          the victim girl in any manner. Copy of the order passed by High

          Court of Judicature at Allahabad at Lucknow Bench has been

          annexed as Annexure – P/2.

               5. I have heard learned counsel for the petitioner and

          perused the impugned order. The learned District & Additional

          Sessions Judge -IX, Rohtas at Sasaram while refusing the prayer

          for anticipatory bail has taken note of the fact that paragraph no.

          16 of the case diary contains the statement of the victim

          recorded under Section 180 of the B.N.S.S. in which the victim

          has stated that on 28.08.2025 the petitioner forcefully make her

          sit in Scorpio and took her to Lucknow and forcefully

          established sexual relation with her. She has also stated that on

          03.09.2025 he forcefully took her to Lucknow Court, threatened
               Patna High Court CR. MISC. No.18076 of 2026(2) dt.08-04-2026
                                                           3/3




                         her and solemnized court marriage with her. The victim girl

                         herself has admitted in her statement and has also stated that the

                         petitioner forcefully took her with him and threatened her for

                         solemnization of marriage with him even though he was already

                         a married man, aged about 39 years, having children. She has

                         also admitted that marriage was solemnized out of fear. She

                         has also stated that she is not aware that any writ petition was

                         filed on her behalf before the Hon’ble Allahabad High Court.

                              6. Accordingly, this Court agrees with the view of learned

                         Sessions Judge that it cannot be denied that the consent of

                         victim taken for filing of case or solemnization of marriage

                         could be achieved by the petitioner by compulsion and coercion

                         as at that time she was in the custody of the petitioner,

                         investigation in the case is still going on, as such, taking into

                         consideration the gravity of offence, I am not inclined to grant

                         anticipatory bail to the petitioner. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.