Patna High Court
Gopal Kumar @ Gopal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the allegations lack merit, the elder victim was an adult, and no sexual assault charge exists.
Summary
The petitioner, Gopal Kumar, was named in an FIR for allegedly kidnapping the minor daughters (aged 17 and 15) of an informant under IPC sections 363 and 366‑A. He contended that the elder daughter was an adult who voluntarily left home, married Ritesh Kumar, and that no sexual assault allegation existed, as reflected in the victim’s statement under Section 164 CrPC. The prosecution conceded that the elder daughter was a major and that there was no sexual assault charge. The court noted contradictions in the sisters’ statements, the lack of motive for kidnapping, and the fact that the petitioner left the victims during the incident. Consequently, the court ordered the petitioner’s release on bail, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS 2023.
Issues considered
- Whether the petitioner should be granted bail despite allegations of kidnapping under IPC sections 363 and 366‑A.
- Whether the alleged victims were minors at the time of the incident.
- Whether the absence of a sexual assault allegation and contradictions in statements affect the bail decision.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 164, 438(2)
- Indian Penal Code — s. 363, 366-A
Subjects
- kidnapping
- minor
- bail
- IPC
- CrPC
- BNSS
- age of majority
- sexual assault
- contradictory statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33168 of 2025
Arising Out of PS. Case No.-216 Year-2014 Thana- BIKRAM District- Patna
======================================================
Gopal Kumar @ Gopal Singh, S/o Suresh Singh, Resident of Village-
Benibigha, P.S.- Bikram, Distt-Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Binod Kumar Sinha, S/o- Late Ganga Lal, R/o Village-Gangachak, P.S.-
Bikram, District- Patna
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mrs. Maruti Kumari, Advocated
Mr. Ram Hriday Prasad, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bikram P.S. Case
No.216 of 2014 registered under Sections 363 and 366-A of
the Indian Penal Code.
3. Allegation against petitioner is to kidnap the
minor daughters of informant aged about 17 years and 15
years, while they visited their college to collect Admit Card.
4. It is submitted by learned counsel appearing for
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petitioner that in fact the elder daughter of informant namely,
Neha Kumari left home out of her own sweet will on the
pretext of collecting her admit card from college with her
younger sister and, thereafter, she solemnized marriage with
one Ritesh Kumar. It is submitted that out of ill will, this
petitioner was implicated with present case. Learned counsel
further submitted that the allegation of sexual assault is not
available against this petitioner as per statement of victim
recorded under Section 164 of the Code of Criminal
Procedure. It is further submitted that matter now appears
compromised between the parties.
5. Arguing further, it is submitted by learned
counsel appearing for petitioner that elder daughter of
informant/O.P. No.2 was major as per her school certificate
and in this context, he drawn attention of this Court towards
paragraph no.26 of the case diary, where her date of birth is
mentioned as 12.07.1996. The date of birth of another
daughter was also available there, which is 20.01.1997, i.e.
about 18 years. It is pointed out that there are major
contradictions in statement of both sisters, where the younger
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sister namely, Neha Kumari categorically stated this petitioner
left victim in between and, thereafter, both of them were
dropped near Bihta by Mannu and Kunal. It is submitted that
the allegation of kidnapping is without any motive and there is
no allegation of sexual assault against petitioner despite of
fact that they remained together for one whole day and night.
It is pointed out that just to save Ritesh, the petitioner was
implicated with this case on imaginary ground that he along
with other co-accused persons called victim frequently over
telephone prior to the occurrence even in late night.
6. Arguing further, it is submitted that the elder
sister, who prima facie found major during investigation
categorically stated that she would like to go with her husband
namely, Ritesh with whom she solemnized marriage in
Hanuman Mandir, Patna.
7. None appeared on behalf of informant/O.P. No.2
despite of notice.
8. Learned APP while opposing the prayer of bail
submitted that the allegation is specifically available against
petitioner as to kidnap the minor daughters of informant but,
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he fairly conceded that during investigation the daughter of
informant found major, as submitted aforesaid. It is also
conceded that the allegation of sexual assault is not available
and the elder daughter of informant, who was major
solemnized her marriage with one Ritesh.
9. In view of aforesaid factual submissions and by
taking note of fact as petitioner left victims during the
occurrence itself in view of statement of younger daughter of
informant prima facie negating the intention of kidnapping as
alleged, coupled with the fact that the elder daughter of
informant found major during the course of investigation, who
admitted to solemnize her marriage with one Ritesh,
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M.-VI, Danapur, Patna in connection with
Bikram P.S. Case No.216 of 2014, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
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Procedure (in short ‘CrPC’)/under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J)
Sanjeet/-
U T
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