Patna High Court
Chandan Gupta @ Chandan Kumar @ Chandan Kr.versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner, finding that the victim’s statements did not support the abduction allegation.
Summary
Chandan Gupta was named in an FIR alleging that he, along with two others, kidnapped a minor girl with the intent to marry her. The petitioner contended that the girl voluntarily left her home and went with him, and that her statements recorded under Sections 180 and 183 of the Bharatiya Nyaya Sanhita, 2023, affirmed she was not abducted. The State argued that the victim’s minority rendered any consent legally ineffective and opposed bail. The court considered the victim’s recorded statements and found no allegation against the petitioner, concluding that bail could be granted. Accordingly, the petitioner was released on bail subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged kidnapping of a minor
- Whether the victim’s voluntary statement under Sections 180 and 183 of the B.N.S.S., 2023 negates the charge of abduction
- Whether the consent of a minor can be considered valid for the purpose of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 180, 183, 3(5), 96
Subjects
- bail
- kidnapping
- minor
- consent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4957 of 2026
Arising Out of PS. Case No.-185 Year-2024 Thana- YADOPUR District- Gopalganj
======================================================
Chandan Gupta @ Chandan Kumar @ Chandan Kr. Son of Late Rajesh Gupta
Resident of village- Bagaha PS -Yadavpur Dist -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
Mr.Rajesh Roy, Advocate
Mr. Amish kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Yadavpur P.S. Case No. 185 of 2024 lodged on 13.11.2024,
for the offences punishable under sections 96 and 3(5)of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against three named accused persons, including the petitioner. It
is alleged in the F.I.R. that all the accused persons kidnapped the
minor daughter of the informant with the intention to marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
antecedent of the petitioner is clean. It is further submitted that
Patna High Court CR. MISC. No.4957 of 2026(2) dt.04-02-2026
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the accusation levelled against the petitioner is omnibus and
general in nature. In fact, the petitioner and the daughter of the
informant are residents of the same village, and the victim
voluntarily left her house of her own free will in the company of
the petitioner. However, the informant has lodged the present
case on a concocted and exaggerated version of facts. Learned
counsel further submits that upon recovery of the victim girl,
her statements under Sections 180 and 183 of the B.N.S.S, 2023
were recorded, wherein she categorically stated that she had
gone with the petitioner of her own volition and that she was
neither abducted by the petitioner nor by any other accused. The
said statements have also been noticed and acknowledged by the
learned Sessions Judge in the order rejecting the bail
application.
5. Learned APP for the State opposes the prayer for
bail and submits that although the victim has not levelled any
allegation against the petitioner, the rejection order records that
the victim was assessed to be a minor and that the consent of a
minor has no legal sanctity in the eye of law.
6. Considering the statement of the victim girl
recorded under Section 183 of the B.N.S.S,, 2023 wherein she
has not alleged anything against the petitioner, let the above
Patna High Court CR. MISC. No.4957 of 2026(2) dt.04-02-2026
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named petitioner be released on bail, in the event of arrest or
surrender before the Trial Court within a period of four weeks
from today, on furnishing bail bond of ₹30000/- (thirty
thousand) as mentioned in Section 2(1) (d) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned
ACJM-X, Gopalganj, in connection with the aforementioned
case, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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