Patna High Court
Gulshan Kumar Ray @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Gulshan Kumar Ray, was arrested in connection with a case registered under Sections 96 and 3(5) of the BNS and Sections 4 and 6 of the POCSO Act, alleged to have abducted a minor. He had been in custody since 1 September 2025 and claimed that the alleged victim had voluntarily eloped with him, asserting his innocence. The informant opposed the bail application, while the petitioner's counsel argued that the charges were false. The High Court examined the material and, despite the serious nature of the offences, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount, pending further trial.
Issues considered
- Whether bail should be granted to the petitioner accused of abduction and offences under the POCSO Act.
Legislation cited
Subjects
- bail
- abduction
- POCSO Act
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3521 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
Gulshan Kumar Ray @ Gulshan Kumar Son of Sri. Chiranjeevi Ray @
Chiranjeev Ray Resident of village - Bahadurpur, Police Station - Kajraili,
District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX Wife of YYY Resident of village - Bahadurpur, Police Station -
Kajraili, District - Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For the Opposite Party/s : Mr.Shyam Kumar Singh
For the Informant : Mr. Swapnil Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Kajraili P.S. Case No. 46 of 2022 registered for the offence
under Sections 96, 3(5) of the BNS and under Section 4/6 of the
POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 1.9.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case as from the statement of the victim girl, it appears that
the victim has eloped with the petitioner.
Patna High Court CR. MISC. No.3521 of 2026(3) dt.25-03-2026
2/2
6. Learned counsel for the informant has opposed
the application of the petitioner.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below, where the case is pending,
in connection with POCSO Case No. 249 of 2025 arising out of
Kajraili P.S. Case No. 46 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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