Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail after being implicated in a case alleging that he deceived a minor by promising marriage, had sexual intercourse with her, and then reneged on the promise. The prosecution charged him under Sections 115(2), 64, 351(2), 352, 3(5) of the Bihar Narcotic and Dangerous Substances Act and Sections 4 and 6 of the POCSO Act. The victim, a minor, corroborated the allegations in statements recorded under Sections 180 and 183 of the Bihar Narcotic and Dangerous Substances Act, and a medical examination confirmed her minority. The court examined the seriousness of the offences, the victim’s testimony, and the statutory provisions governing anticipatory bail. Considering the gravity of the accusations involving sexual assault of a minor, the court rejected the petition for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged sexual assault of a minor under the POCSO Act and related sections of the Bihar Narcotic and Dangerous Substances Act
Legislation cited
- Bihar Narcotic and Dangerous Substances Act — s. 115(2), 3(5), 351(2), 352, 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- sexual assault
- minor
- false promise of marriage
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83986 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Gulshan Kumar S/O Santosh Kumar R/O VILL- Bhachhi P.S Baheri Distt-
Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Shravan Lal Dev R/o Vill- Bhachhi , ward no- 09,P.s Baheri Distt-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Kedar Jha
For the State : Mr.Brajendra Nath Pandey
For the OP-2 : Mr.Ravi Shashi Bharti & Mr. Bijay Bhushan Pd.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for opposite party no. 2.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 115(2), 64,
351(2), 352, 3(5) of the B.N.S. and Section 4/6 of the POCSO
Act.
3. Allegation against petitioner is that on the false
promise of marriage, he made physical relation with minor
daughter of informant and thereafter, refused to marry her.
4. The victim, in her statement recorded under
Sections 180 & 183 of the B.N.S.S., has supported the
prosecution case. During medical examination, the victim was
found minor.
Patna High Court CR. MISC. No.83986 of 2025(2) dt.06-01-2026
2/2
5. Considering the nature of accusation, the prayer
for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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