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Patna High Court

Rajiv Kumar GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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