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Patna High Court

Gopal Sahni @ Gopal Sahni DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to pre‑arrest bail.

Summary

The petitioners, Gopal Sahni and Shubhkala Devi, applied for pre‑arrest bail in a case alleging kidnapping of a minor girl with intent to marry, under Sections 87 and 3(5) of the BNSS. They claimed innocence, stating they are the parents of the main accused, Sachin Kumar, and that the victim herself had eloped and married the accused, withdrawing support for the prosecution. The victim’s statement under Section 183 BNSS corroborated this claim, and the petitioners were shown to have a clean criminal record. The State and the informant opposed bail, but the court found the petitioners had made a prima facie case for release. Consequently, the court directed that the petitioners be released on pre‑arrest bail subject to a bond and verification of antecedents.

Issues considered

  • Whether the parents of an alleged kidnapper can be granted pre‑arrest bail under Sections 87 and 3(5) of the BNSS
  • Whether the victim’s voluntary marriage and lack of cooperation with the prosecution justify bail
  • Whether Section 482(2) of the BNSS permits the grant of pre‑arrest bail in such circumstances

Subjects

  • pre‑arrest bail
  • kidnapping
  • child marriage
  • Section 87
  • Section 3(5)
  • Section 482(2)
  • Bihar
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.56377 of 2025
                    Arising Out of PS. Case No.-126 Year-2025 Thana- KHANPURA District- Samastipur
                 ======================================================
           1.     Gopal Sahni @ Gopal Sahni Das, Aged about 43 years (Male) Son of Takko
                  Sahni
           2.    Shubhkala Devi, aged about 40 years (F), Wife of Gopal Sahni @ Gopal
                 Sahni Das.
                 Both are residents of Village -Gudarghat, Wad No 18, P.S. -Khanpur, District
                 -Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Jainarayan Mahto son of Shriu jageshwar Mahto Resident Of Vill
                 -Gudarghat, Wad No 18, Ps -Khanpur, Dist -Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sheo Kumar Prasad, Advocate
                 For the Informant       :        Mr. Raja Ram Mishra, Advocate
                                                  Mr. Raj Kumar, Advocate
                 For the State           :        Mr. Md. Matloob Rab, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   11-02-2026                      Heard Mr. Sheo Kumar Prasad, learned counsel

                   appearing on behalf of the petitioners; Mr. Raja Ram Mishra,

                   learned counsel for the Informant and Mr. Md. Matloob Rab,

                   learned APP for the State.

                                  2. The petitioners seek pre-arrest bail in connection

                   with Khanpur P.S. Case No. 126 of 2025, registered for the

                   offence punishable under Sections 87 and 3(5) of the BNS.

                                  3. As per the allegation made in the FIR, the

                   petitioners along with co-accused Sachin Kumar, had allegedly

                   kidnapped the minor daughter of the informant with an intention
Patna High Court CR. MISC. No.56377 of 2025(5) dt.11-02-2026
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          to marry.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. He further submitted

          that petitioners are father and mother of the main accused

          Sachin Kumar, against whom it has been alleged that with an

          intention to marry, he had kidnapped the minor daughter of the

          informant. The victim, in her statement recorded under Section

          183 BNSS on 16.09.2025, has given specific information that

          she was in love relationship with the co-accused Sachin Kumar

          and she, on her own, had eloped with him and had performed

          marriage with the said Sachin Kumar on 01.06.2025 and has not

          supported the prosecution case. The son of the petitioners has

          just emerged as an adult being aged about 18 years and the

          victim is aged about 16 years and at this stage, natural attraction

          for the opposite sex cannot be denied coupled with the several

          psychological and physiological change person undergo.

          Petitioners have clean antecedent. On these grounds, petitioners

          seek to be released on pre-arrest bail.

                       5. Learned counsel appearing on behalf of the

          informant and learned APP for the State vehemently opposed

          the prayer for grant of pre-arrest bail.
Patna High Court CR. MISC. No.56377 of 2025(5) dt.11-02-2026
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                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that the petitioners are father

          and mother of the main accused Sachin Kumar, against whom it

          has been alleged that with an intention to marry, he had

          kidnapped the minor daughter of the informant. The victim, in

          her statement recorded under Section 183 BNSS on 16.09.2025,

          has given specific information that she was in love relationship

          with the co-accused Sachin Kumar and she, on her own, had

          eloped with him and had performed marriage with the said

          Sachin Kumar on 01.06.2025 and has not supported the

          prosecution case. The son of the petitioners has just emerged as

          an adult being aged about 18 years and the victim is aged about

          16 years and at this stage, natural attraction for the opposite sex

          cannot be denied coupled with the several psychological and

          physiological change person undergo. Petitioners have clean

          antecedent. I am of the opinion that petitioners have, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like
              Patna High Court CR. MISC. No.56377 of 2025(5) dt.11-02-2026
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                        amount each to the satisfaction of the learned District Court

                        where the case is pending, in connection with Khanpur P.S.

                        Case No. 126 of 2025, subject to the condition as laid down

                        under Section 482(2) of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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