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Patna High Court

Ajay Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.81352 of 2025(3) dt.18-02-2026
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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
                                                          3/3




                        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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