Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47611 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Gulshan Kumar Son of Budhan Sahni R/O Village- Sakarbasa, P.S.- Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi Wife of Vinay Ram R/O Vill- Sakarbasa, Ward No.-05, P.S.- Cheriya, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cheriya Bariyarpur P.S. Case No. 37 of 2025 dated 23.03.2025 registered for the offences punishable under Sections 96, 352, 351(2) of B.N.S. and Section 3(1)(r)(s), 3(2)(va) of SC/ST (PoA) Act and 8/2 of POCSO Act.

3. As per the prosecution case, the petitioner along with the co-accused persons is alleged to have kidnapped the

Patna High Court CR. MISC. No.47611 of 2025(3) dt.18-08-2025 2/3 minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the petitioner and the victim. As per para-12 of the bail petition, it is mentioned that the victim in her statement recorded under Section 183 of B.N.S. has stated that she went with the petitioner with her own will and later she got married with the petitioner at Vardani Temple, Samastipur and she has not alleged any sexual assault against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 37 of 2025.

Patna High Court CR. MISC. No.47611 of 2025(3) dt.18-08-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T