Patna High Court
Ajay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner, finding no substantive allegation of his involvement and noting his clean record.
Summary
Ajay Kumar Gupta was arrested in connection with a kidnapping case (Falka PS Case No. 57 of 2025) involving the daughter of an informant. The girl was later recovered and, under Section 183 of the Bharatiya Nyaya Sanhita, stated that she had left the house voluntarily. The petitioner claimed innocence, asserted no prior criminal record, and argued that there was no evidence of him enticing the minor. The State, invoking the POCSO Act, opposed bail on the ground that the victim was a minor and her consent was irrelevant. The court noted the absence of any allegation of the petitioner’s involvement in enticing the girl, considered the petitioner’s clean record, and observed a possible consensual relationship, leading it to grant bail on condition of a bond and sureties. The order was made expressly prima facie and without prejudice to the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the Bharatiya Nyaya Sanhita and the POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 183, 3(5), 352, 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6442 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- FALKA District- Katihar
======================================================
Ajay Kumar Gupta S/o- Sanjay Gupta @ Sanjay Prasad Gupta Village- Rahta
Ward No- 3 Rahta road PS- Falka District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. ABC S/o- XYZ Village-Road Rahta PS- Falka District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Preety Kunwar, Adv.
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Falka
P.S. Case No. 57 of 2025 instituted for the offences under
Sections 126(2), 115(2), 137(2), 96, 352 and 3(5) of the
Bharatiya Nyaya Sanhita and Section 4/6 of the POCSO Act.
3. The petitioner is alleged to have kidnapped the
daughter of the informant. The girl was recovered and in her
statement under Section 183 of BNSS she states that she had left
the house voluntarily.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 09.06.2025 and
has got no criminal antecedent.
Patna High Court CR. MISC. No.6442 of 2026(4) dt.06-05-2026
2/2
5. Learned A.P.P. for the State and counsel for the
informant has vehemently opposed the prayer for grant of bail to
the petitioner and stated that the girl was a minor and her
consent would not matter.
6. There is no allegation of any act of the petitioner in
enticing away the girl. Considering that the boy is aged about 20
years with no criminal antecedent and there is a hint of
relationship between the parties, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge, VI cum Special Judge, POCSO,
Katihar/concerned Court in connection with Falka P.S. Case
No. 57 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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