Patna High Court
Gunjan KumarversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
Gunjan Kumar applied for anticipatory bail in a case registered under Sections 64(1) and 351(2) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The allegation is that he obtained the mobile number of his minor daughter, aged about seventeen and a half, and under a false promise of marriage, allegedly established a physical relationship with her. The informant, who filed the complaint, instructed his counsel not to oppose the bail application. The petitioner’s counsel highlighted his clean antecedents and argued that the allegations did not warrant pre‑arrest detention. The Court, noting the lack of opposition and the petitioner’s willingness to furnish bail bonds and sureties, granted anticipatory bail subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged sexual intercourse with a minor under the POCSO Act and offences under the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 351(2), 64(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- POCSO Act
- sexual offences
- minor
- false promise of marriage
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38903 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- MAHILA P.S. District- Kaimur (Bhabua)
======================================================
Gunjan Kumar S/O Aniruddha prasad R/O Vill.- Kharkholi,P.S-
Durgavati,Dist- Kaimur
... ... Petitioner/s
Versus
1. The state of bihar
2. Prabhawati Devi W/O Prabhu Narayan R/O Vill.- Jigna, P.S- Ghina, Dist-
Chandauli (Uttarpradesh )
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Saumya, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State and learned counsel appearing on
behalf of the informant.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 64(1), 351(2) of the B.N.S., 2023 and Sections 4, 6
Pocso Act, Mahila P.S. Case No. 25 of 2026.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and in sum and
substance, the allegation is that petitioner had taken the mobile
number of her minor daughter aged about seventeen and a half
year and they started talking and on false assurance of marriage,
Patna High Court CR. MISC. No.38903 of 2026(3) dt.30-06-2026
2/2
it is alleged that petitioner established physical relation.
4. The learned counsel appearing on behalf of the
informant at this stage interjects and submits that he has
instructions not to oppose the anticipatory bail application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-VII-cum-Special Judge Pocso Act,
Kaimur at Bhabhuwa in connection with Mahila P.S. Case
No.25 of 2026, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
(Satyavrat Verma, J)
rajesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.