Patna High Court
CR. MISC./38762/2026 of Sanjay Kumar Gupta @ Sanjay Gupta Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38762 of 2026 Arising Out of PS. Case No.-43 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Sanjay Kumar Gupta @ Sanjay Gupta, S/o Janardhan Gupta @ Janardhan Sah, R/o village-Sundari, PS-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38762 of 2026
Arising Out of PS. Case No.-43 Year-2025 Thana- BARHARIA District- Siwan ======================================================
Sanjay Kumar Gupta @ Sanjay Gupta, S/o Janardhan Gupta @ Janardhan Sah, R/o village-Sundari, PS- Barhariya, Distt- Siwan
... ... Petitioner
Versus
1.
The State of Bihar
2.
Shakila Khatoon, W/o- Md. Samsuzama, R/o Vill - Alapur, P.S. - Barhariya, District - Siwan.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s
:
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
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ORAL ORDER
18-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Barharia P.S. Case No.43 of 2025 registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, petitioner alleged to kidnap the minor daughter of the informant for the purpose of illicit intercourse/marriage with another person.
4. It is submitted by learned counsel appearing for the petitioner that this petitioner was in love with the daughter of informant, which was not approved by the Patna High Court CR. MISC. No.38762 of 2026(4) dt.18-08-2026
parent of victim due to difference of religion, and as such the present false case was lodged. It is further submitted that out of their love, both parties went Delhi together, where they resided for considerable period, and only after lodging the present case, the daughter of informant convinced this petitioner to come back village, whereafter they returned. It is further submitted that the statement of victim as recorded under Section 183 of the B.N.S.S. not suggest that the victim was kidnapped or any forceful physical relationship was established with her by petitioner. It also appears that the victim on the date of occurrence was major, as her date of birth as per school register is 01.01.2007, whereas the present occurrence took place on 09.01.2025.
5. Arguing further, it is submitted that as per the statement of victim, it appears that the victim and petitioner were only in talking terms, and there was no allegation of any sexual assault or physical relationship, while she was minor, and this fact can be gathered from her statement as recorded under Section 183 of the B.N.S.S. Petitioner claimed clean antecedent.
Patna High Court CR. MISC. No.38762 of 2026(4) dt.18-08-2026
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submissions and by taking note of overall nature of accusation and also the statement of victim as recorded under Section 183 of the B.N.S.S., where prima-facie she negate the allegation of kidnapping against this petitioner, coupled with the fact that on the date of occurrence, prima-facie she also appears major, as discussed aforesaid, accordingly, the petitioner above-named, who is a man of clean antecedent, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, 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 A.C.J.M.-III, Siwan in connection with Barharia P.S. Case No.43 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
Raushan/- (Chandra Shekhar Jha, J.) U T