Patna High Court
Gunjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 351(2), 352, 96
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
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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/-
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