Raj Kumar Gupta @ Raj Kumar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70693 of 2025
                   Arising Out of PS. Case No.-98 Year-2025 Thana- ANDHRAMATH District- Madhubani
                 ======================================================

           1.    Raj Kumar Gupta @ Raj Kumar Sah S/o- Baidyanathi Gupta @ Baijnath

                 Sah R/o - Narahi, P.s - Andhramath, District - Madhubani
           2.    Savitri Devi W/o- Raj Kumar Gupta @ Raj Kumar Sah R/o - Narahi, P.s -

                 Andhramath, District - Madhubani


                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    X D/o- Y R/v- Z, The SHO Andhramath Ps- Under Dist- Madhubgani with

                 Andhramath Dist- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar Singh No. 1, APP
                 For the O.P. No.2        :      Mr. Indradeo Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   24-02-2026                   Heard Mr. Arvind Kumar, learned counsel appearing

                   on behalf of the petitioners; Mr. Anil Kumar Singh No. 1,

                   learned APP for the State and Mr. Indradeo Yadav, learned

                   counsel for the O.P. No.2.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Andhramath P.S. Case No. 98/2025 registered for the

                   offence(s) punishable under Sections 64, 351(3), 351(2) of the

                   BNS, Section 9 of Child Marriage Restraint Act and Sections 4
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          and 6 of Protection of Children From Sexual Offences Act.

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

          Gupta (son of the petitioners) deceived and sexually exploited

          the informant’s daughter on a false promise of marriage and

          later married to another woman and the petitioners assaulted the

          victim girl when she approached their house, she was not

          allowed being of different caste.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and they

          have falsely been implicated in the present case. The petitioners

          are the parents of the said accused Gopal Gupta and no specific

          allegation of sexual assault, harassment or abatement has been

          made against them. There is contradiction in the statement of

          victim recorded under section 180 and 183 of BNSS. The

          allegation is not supported by the medical report. The

          allegations are general and omnibus in nature. On these

          grounds, the petitioners seek to be released on pre-arrest bail.

                       5. Mr. Indradeo Yadav, learned counsel appearing on

          behalf of the O.P. No.2 vehemently opposed the prayer for grant

          of pre-arrest bail

                       6. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.
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                       7. Having heard the rival submissions made on behalf

          of the parties, as well as, having considered the nature of

          allegation made in the FIR, I am not inclined to enlarge the

          petitioner no.1 on pre-arrest bail.

                       8. So far as, the petitioner no.2 is concerned, there are

          no specific or direct allegations of sexual assault, harassment, or

          abetment attributed to her and as such, this Court finds that the

          petitioner no.2 has prima facie made out a case to be released on

          pre-arrest bail.

                       9. The learned District Court is directed to release the

          petitioner no.2 on pre-arrest bail, in the event of her arrest or

          surrender before the learned District Court within a period of

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

          (Ten thousand) with two sureties of the like amount each, to the

          satisfaction of learned District Court where the case is pending

          in connection with Andhramath P.S. Case No. 98/2025, subject

          to the condition as laid down under Section 482(2) of the

          B.N.S.S.

                       10. The learned District Court is directed to verify

          the criminal antecedent of the petitioner no.2 , as stated in

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

          pending against the petitioner no.2 , as what has been stated
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                     in paragraph no. 3, this order will lose its force

                     automatically.

                                  11. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T