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Patna High Court

Chandan Gupta @ Chandan Kumar @ Chandan Kr.versusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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