Patna High Court
Sourav Kumar @ Sourabh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court directed verification of the victim's Section 164 statement and conditioned pre‑arrest bail on confirmation of a consensual relationship.
Summary
The petitioner, Sourav Kumar, aged about 20, was charged under IPC sections 363, 366A and 34 for allegedly kidnapping the informant's daughter with the intention of marrying her. The victim later gave a statement under Section 164 of the Cr.P.C. indicating she had gone to Haryana of her own free will and intended to marry the petitioner. The petitioner applied for pre‑arrest bail, arguing his youth and the victim's lack of support for the prosecution. The High Court noted the need to verify the victim's statement before deciding on bail and directed the District Court to do so. It ordered that, if the relationship is confirmed, the petitioner be released on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS 2023 and any other appropriate conditions, and disposed of the bail application.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in a kidnapping‑to‑marry case under IPC sections 363, 366A and 34.
- Whether the victim's statement under Section 164 Cr.P.C. indicating consent affects the bail decision.
- Whether the District Court must verify the victim's statement before granting bail.
Legislation cited
- BNSS — s. 183, 482(2)
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 34, 363, 366A
Subjects
- pre‑arrest bail
- kidnapping
- forced marriage
- IPC
- victim consent
- Section 164 Cr.P.C.
- BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25384 of 2026
Arising Out of PS. Case No.-57 Year-2023 Thana- BITHAN District- Samastipur
======================================================
Sourav Kumar @ Sourabh Kumar S/O Madan Sah R/o - Telni, P.S - Bithan,
District - Samastipur, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gulashan Khatoon W/O Md. Salim R/o - Gajablaja Ward No- 02 , P.S -
Bithan, District - Samastipur, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Bithan P.S.Case No.57 of 2023 registered for the offences
punishable under Sections 363, 366A and 34 of the Indian
Penal Code.
3. As per the allegation made in the FIR, co-accused
persons along with the petitioner kidnapped the daughter of the
informant with an intention to marry.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is aged about 20 years
and the victim has not supported the prosecution case. In her
Patna High Court CR. MISC. No.25384 of 2026(2) dt.22-04-2026
2/2
statement recorded under Section 183 of BNSS, she has
admitted that she had went to Haryana on her own sweet-will
and she intends to marriage with the petitioner.
5. Considering that the parties intend to marry but
in absence of any information in the bail application or in the
impugned order in respect of the statement of the victim
recorded under Section 164 Cr.P.C., the impugned order is
modified to the extent that the learned District Court is directed
to verify the statement of the victim, which has been recorded
under Section 164 Cr.P.C. and if finds that both are in
relationship, then the petitioner is directed to be released on pre-
arrest bail in connection with Bithan P.S.Case No.57 of 2023,
subject to conditions as laid down under Section 482(2) of
BNSS of 2023 and other conditions as deems fit and proper.
6. With the above observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
chn/-
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