Patna High Court
Ajay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Ajay Kumar Gupta, applied for bail in a case involving alleged sexual assault, trafficking, forced marriage and related offences under multiple statutes. The FIR was lodged after a 17‑year‑old girl went missing and alleged that she was sold for a marriage to a man from Rajasthan for Rs.3 lakh. The petitioner was not named in the FIR; his name emerged only during investigation as the operator of a hotel where the alleged marriage was to take place, and the victim’s statement implicated other accused, not the petitioner. The State opposed bail, but the court noted that the principal allegations were against co‑accused who had already been granted bail and that a charge‑sheet had been filed. Considering these circumstances, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR
- Whether the petitioner’s alleged involvement, being limited to operating a hotel, warrants continued detention
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 115(2), 126(2), 127(4), 142, 143, 144, 64, 98, 99
- Code of Criminal Procedure, 1973 — s. 164
- Prohibition of Child Marriage Act — s. 10, 9
- Protection of Children from Sexual Offences Act — s. 10, 12, 4, 6, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v)
Subjects
- bail
- sexual assault
- human trafficking
- forced marriage
- SC/ST Act
- POCSO Act
- Child Marriage Act
- Criminal Procedure Code
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81352 of 2025
Arising Out of PS. Case No.-512 Year-2025 Thana- DANAPUR District- Patna
======================================================
Ajay Kumar Gupta S/o Late Ramchandra Prasad Resident of village and P.S.-
Dinara, Distt- Rohtas, Sasaram (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Krishna Kumar s/o Late Murlidhar Ram @ Late Surlidhar Ram R/o Vill-
Nariyal Ghat, Takiyapur, Ward No. 28, P.O.- Digha, P.S.- Danapur, Distt-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Makardhwaj Upadhyay, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 127(4),
142, 143, 144, 98, 99, 64, 111 of the B.N.S., Sections 3(1)(r)(s)
(w), 3(2)(v) of the SC/ST Act, Sections 4, 5 and 6 of the
Prevention of Immoral Traffic Act, Sections 4, 6, 8, 10 and 12
of the POCSO Act, Sections 9 and 10 of the Prohibition of
Child Marriage Act.
3. As per the prosecution case, the informant aged
about 17 years was found missing from her home since
16.05.2025, for which the present FIR in issue was lodged on
17.05.2025. During investigation, victim raised allegation of
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sexual assault and trafficking alongwith forceful marriage with
one Mukesh Kumar of Rajasthan, against cash of Rs.3 lakhs.
4. The learned counsel for the petitioner submits
that the petitioner has not been named in the First Information
Report and subsequently, his name transpired during the course
of investigation on the ground that he was operating the hotel
where allegedly the victim was getting married to one Manish.
It is further submitted that barring the said fact, no other
material has transpired against the petitioner and even in the
exhaustive statement of the victim recorded under Section 164
of the Cr.P.C., she has rather made allegations against one
Mukesh and Kapil Sharma, to whom she was being sold by
other accused persons being Kapil Gupta, Puja Devi, Gaurav
Goyal and Upendra Kumar, but not this petitioner. It has also
been submitted that other co-accused persons with graver
allegations than the petitioner have already been granted
privilege of bail by a Co-ordinate Bench of this Court vide
orders dated 01.12.2025 and 09.02.2026 passed in Cr. Misc.
No.69883 of 2025 and Cr. Misc. No.65259 of 2025
respectively. The petitioner is in custody since 27.06.2025 and
charge-sheet has already been submitted.
5. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.81352 of 2025(3) dt.18-02-2026
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bail on the basis of the allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and also considering that the thrust of the
allegation is against other co-accused persons, who have been
granted bail, coupled with the fact that charge-sheet has already
been submitted, let the above named petitioner, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned DASJ-VII-cum-Exclusive Special
Judge, POCSO, Patna/concerned Court below in connection
with Danapur P.S. Case No. 512 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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