Patna High Court
Rajiv Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to a cash bond, sureties, and conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Rajiv Kumar Gupta sought bail after being implicated in a case (Raghopur P.S. Case No. 280 of 2024) for alleged abduction and related offences under Sections 137(2), 87 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed that he and the victim were in a consensual relationship and had voluntarily married, citing the victim’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which denied any wrongful act and refused a medical examination. The State opposed bail, asserting that the victim was forcibly confined. The court examined the victim’s statement, the lack of medical evidence, and the petitioner’s clean antecedent, and concluded that bail could be granted with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order required surrender within four weeks and that one bailor be a close relative of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of abduction under the Bharatiya Nyaya Sanhita, 2023.
- Whether the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, negates the existence of a wrongful act.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 61(2), 87
Subjects
- bail
- abduction
- marriage
- victim statement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50189 of 2025
Arising Out of PS. Case No.-280 Year-2024 Thana- RAGHOPUR District- Supaul
======================================================
Rajiv Kumar Gupta, S/O Harish Prasad Gupta @ Harish Chandra Gupta, R/O
Village- Nabaganj, P.S- Vaysi, Distt.- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 21-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Raghopur P.S. Case No. 280 of 2024 registered
for the offences under Sections 137(2), 87, 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. On the fateful day, while the daughter of the
informant had gone to appear in the examination, in the
meanwhile, the petitioner along with other 4-5 unknown
persons, abducted her and fled away on unknown vehicle.
4. Learned Advocate for the petitioner submitted that
in fact the petitioner and the victim were in a good relationship
and they voluntarily left the house and solemnized marriage, but
on account of the pressure made by the family of the victim, the
present F.I.R. came to be instituted. The statement of the victim
Patna High Court CR. MISC. No.50189 of 2025(3) dt.21-01-2026
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was also recorded under Section 183 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, wherein she has stated that she was
taken to Silliguri, and by persuading her, a marriage paper was
prepared, and thereafter she was kept in the house of a relative
at Maldah for six days from where she made a call to her elder
sister and later on she left the house and reached the Railway
Station from where she was brought to her home. It is further
contended that even in the statement of the victim, she has not
made any allegation that the petitioner has committed any
wrongful act. Moreover, the victim herself refused to undergo
medical examination and categorically stated that no wrongful
act has been done with her. This clearly shows that the petitioner
and the victim girl knew each other and had been living in good
relationship. The victim is admittedly a major girl and left her
house voluntarily, but later on, because of some reason or the
other on the pressure made by her family members, the present
F.I.R. came to be instituted
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that
specific accusation of abduction has been levelled against the
petitioner and she was forcibly kept confined in the house by the
petitioner.
Patna High Court CR. MISC. No.50189 of 2025(3) dt.21-01-2026
3/3
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the statement recorded under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023; besides the fact that she
refused to undergo Medical examination and has stated that no
wrongful act has been committed on her and she has also put her
signature on marriage paper, though allegedly on pressure,
besides the petitioner having fair antecedent, let the petitioner,
named above, in the event of his arrest or surrender before the
court below within four weeks from the date of
receipt/production of a copy of this order, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, Birpur, Supaul in
connection with Raghopur P.S. Case No. 280 of 2024, subject to
the condition as laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close relative
of the petitioner.
(Harish Kumar, J)
uday/-
U T
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