Ajay Kumar @ Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2937 of 2026 Arising Out of PS. Case No.-66 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== Ajay Kumar @ Ajay Rai S/O Binod Ray @ Vinod Ray R/o Village - Panchhagchiya, P.S.-Maithi, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar,Advocate Mr. Utsav Kumar, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Gaighat P.S. Case no.66 of 2025 registered under sections 137(2), 96 and 3(5) of B.N.S, 2023.

3.The allegation in the F.I.R is that informant's daughter was kidnapped by the petitioner and two other persons for the purpose of marriage.

4. Learned counsel for the petitioner submits that the age of the victim has itself been disclosed as 17 years and considering her date of birth as mentioned in the bail rejection order, she is on the verge of attaining majority. It is further submitted that the statement of the victim was recorded under

Patna High Court CR. MISC. No.2937 of 2026(2) dt.28-01-2026 2/3 Section 183 of the B.N.S.S., which clearly indicates that the petitioner and the victim were in a consensual love relationship. The victim voluntarily left her parental home out of her own free will and accompanied the petitioner, whereafter they went to Delhi, solemnized their marriage and started residing together as husband and wife. It is further submitted that there is no allegation of any sexual assault at the hands of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate with the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances and also considering that the victim in her statement recorded under Section 183 BNSS has stated that she eloped with the petitioner out of her own sweet will and had solemnized marriage with him and no allegation of any sexual assault upon the victim at the hands of the petitioner, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Gaighat P.S. Case no.66 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.2937 of 2026(2) dt.28-01-2026 3/3 sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T