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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner subject to a bond, sureties, and verification of antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Gulshan Kumar, was accused of kidnapping a girl under Section 96 of the B.N.S.S. following a complaint that the girl, a minor according to her Aadhaar record, had been taken by the petitioner after allegedly marrying him of her own will. The girl appeared before the Chief Judicial Magistrate, stating she had voluntarily married the petitioner, wished to stay with her mother‑in‑law, and refused a medical test. The petitioner, who has no prior criminal record, applied for bail. The State opposed the bail, arguing the seriousness of the alleged kidnapping. After considering the statements of the girl and the lack of antecedents, the High Court granted bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 96 of the B.N.S.S.
  • Whether the alleged kidnapping of a minor warrants denial of bail
  • Whether the court may impose conditions, including verification of criminal antecedents, under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • child marriage
  • Section 96
  • Section 482
  • inherent powers of High Court
  • verification of antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20664 of 2026
                    Arising Out of PS. Case No.-263 Year-2024 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Gulshan Kumar Son of Shyam Dev Andit R/O Vill.- Murgaon, P.S.-
                 Hulasganj, District- Jehanabad, Bihar- 804407

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Purushotam Sharma, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   08-04-2026                     Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Hulasganj P.S. Case No. 263 of 2024, for

                   allegedly having committed offence under Section 96 of the

                   BNS.

                                   3. As per the prosecution story, on the basis of the

                   written report submitted by the informant, which has been

                   lodged on 03.10.2024, the daughter of the informant went to

                   High School, Murgaon for studies but did not return till evening.

                   During course of search, she came to know from the villagers

                   that her daughter was in talking terms with the petitioner and

                   she apprehended that the petitioner has kidnapped her daughter.

                                   4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.20664 of 2026(2) dt.08-04-2026
                                            2/3




          that the victim girl was in love with the petitioner and she on her

          own sweet will solemnized marriage with the petitioner. After

          institution of the first information report, the victim girl

          appeared before the learned Chief Judicial Magistrate,

          Jehanabad on 08.01.2026, where she stated that she wants to go

          with her mother-in-law and also refused to go for medical test.

          Even as per the Aadhar Card of the victim girl her date of birth

          is 04.02.2006. The petitioner has got no criminal antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                          6. Having considered the rival submissions and

          after going through the record, it appears that the victim girl

          appeared before the learned Chief Judicial Magistrate,

          Jehanabad on 08.01.2026 and stated that she had solemnized

          marriage with the petitioner on her own sweet will and she

          stated that she want to go with her mother-in-law and also

          refused to go for medical test. Further, as per the Aadhar Card,

          the date of birth of the girl appears to be 04.02.2006.

          Considering the facts and circumstances of the case, let the

          petitioner, above named, in the event of arrest or surrender

          within a period of six weeks, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
           Patna High Court CR. MISC. No.20664 of 2026(2) dt.08-04-2026
                                                       3/3




                     the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Jehanabad in connection with Hulasganj

                     P.S. Case No. 263 of 2024, subject to the conditions as laid

                     down under Section 482(2) of the B.N.S.S., with further

                     condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T


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