##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4957 of 2026

Arising Out of PS. Case No.-185 Year-2024 Thana- YADOPUR District- Gopalganj

======================================================

Chandan Gupta @ Chandan Kumar @ Chandan Kr. Son of Late Rajesh Gupta

Resident of village- Bagaha PS -Yadavpur Dist -Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate

Mr.Rajesh Roy, Advocate

Mr. Amish kumar, Advocate

For the Opposite Party/s : Mr. Jagdhar Prasad, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner who apprehends arrest in connection

with Yadavpur P.S. Case No. 185 of 2024 lodged on 13.11.2024,

for the offences punishable under sections 96 and 3(5)of the

Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the F.I.R. has been lodged

against three named accused persons, including the petitioner. It

is alleged in the F.I.R. that all the accused persons kidnapped the

minor daughter of the informant with the intention to marry her.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has committed no offence. The

antecedent of the petitioner is clean. It is further submitted that

Patna High Court CR. MISC. No.4957 of 2026(2) dt.04-02-2026

2/3

the accusation levelled against the petitioner is omnibus and

general in nature. In fact, the petitioner and the daughter of the

informant are residents of the same village, and the victim

voluntarily left her house of her own free will in the company of

the petitioner. However, the informant has lodged the present

case on a concocted and exaggerated version of facts. Learned

counsel further submits that upon recovery of the victim girl,

her statements under Sections 180 and 183 of the B.N.S.S, 2023

were recorded, wherein she categorically stated that she had

gone with the petitioner of her own volition and that she was

neither abducted by the petitioner nor by any other accused. The

said statements have also been noticed and acknowledged by the

learned Sessions Judge in the order rejecting the bail

application.

5. Learned APP for the State opposes the prayer for

bail and submits that although the victim has not levelled any

allegation against the petitioner, the rejection order records that

the victim was assessed to be a minor and that the consent of a

minor has no legal sanctity in the eye of law.

6. Considering the statement of the victim girl

recorded under Section 183 of the B.N.S.S,, 2023 wherein she

has not alleged anything against the petitioner, let the above

Patna High Court CR. MISC. No.4957 of 2026(2) dt.04-02-2026

3/3

named petitioner be released on bail, in the event of arrest or

surrender before the Trial Court within a period of four weeks

₹

from today, on furnishing bail bond of 30000/- (thirty

thousand) as mentioned in Section 2(1) (d) of the Bharatiya

Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned

ACJM-X, Gopalganj, in connection with the aforementioned

case, subject to the conditions as laid down under Section

482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J)

Ashwini/-

U T