Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- B.N.S.S. — s. 482(2), 96
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
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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
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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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