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Patna High Court

Gunjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as the circumstances do not warrant continued detention.

Summary

Gunjan Kumar was arrested in connection with a case registered under Sections 96, 137(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, alleging that he abducted a 14‑year‑old girl. The prosecution alleged that the girl was taken away by the accused for the purpose of marriage, while the defence argued that the girl voluntarily went with the accused out of love and later returned of her own accord. The victim’s statement recorded under Section 183 of the B.N.S.S. supported the defence’s claim of consent. The petitioner, who has no prior criminal record, had been in custody since 29‑08‑2025 and sought bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the age of the parties, the victim’s statement, lack of prior record and the circumstances, the Court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • child abduction
  • consent
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 183 statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4652 of 2026
                   Arising Out of PS. Case No.-27 Year-2025 Thana- Jagdishpur District- West Champaran
                 ======================================================
                 Gunjan Kumar, S/o- Sri Laxman Prasad @ Laxuman Prasad, R/o Village-
                 Diuliya W.No-7, P.S.- Jagdishpur Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharad Kumar Verma, Adv.
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   25-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Jagdishpur P.S. Case No. 27 of 2025 dated 11.02.2025

                   registered for the offence punishable under Sections 96,

                   137(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case, in short, is that on the

                   alleged date of occurrence at about 6:00 P.M. in the

                   evening, the daughter of the informant aged about 14 years

                   went to attend the call of nature but she did not return till

                   late night. Then, the family members of the informant

                   started calling her on her mobile, which was found switched
Patna High Court CR. MISC. No.4652 of 2026(3) dt.25-02-2026
                                            2/3




          off and in the meantime, a phone call came from mobile

          number 9122754542 and he informed that the victim girl is

          with him and when the informant made inquiry regarding

          his name and address then he refused to reveal the same.

          The informant has full confidence that the proprietor of the

          same mobile number has fled away with the victim girl for

          the wrong purpose of marriage by persuading her.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that both, the petitioner and the

          victim girl are at tender age. Later, the statement of the

          victim girl was recorded under Section 183 of the B.N.S.S.,

          wherein, she specifically stated that she was in love with the

          petitioner and she went with the petitioner on her own sweet

          will and she returned, when she came to know about this

          case. It is further submitted that there is no whisper that the

          petitioner has committed any wrong act or misbehaved with

          the victim. The petitioner is in custody since 29.08.2025,

          having no criminal antecedent and charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer
            Patna High Court CR. MISC. No.4652 of 2026(3) dt.25-02-2026
                                                        3/3




                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let the petitioner be released on bail upon furnishing

                      bail bonds of Rs. 10,000/- (ten thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Judicial Magistrate-Ist Class, Bettiah, West Champaran in

                      connection with Jagdishpur P.S. Case No. 27 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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