Patna High Court

Gulshan KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Gulshan Kumar, was arrested in connection with a kidnapping alleged to have occurred on 31 October 2025 under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023. He is accused, along with co‑accused, of abducting the wife of an informant after being lured from Deo Temple. The petitioner contended that he is the cousin of the informant and that the victim, his sister‑in‑law, voluntarily accompanied him thereafter, with no allegation of sexual assault, as reflected in her statement recorded under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and she refused medical examination. The petitioner further highlighted his lack of prior criminal record and that he had been in custody since 25 November 2025. The court, after considering the victim’s statement, the absence of serious allegations, and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, thereby allowing the bail application.

Issues considered

Whether bail should be granted to the accused in a kidnapping case under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, considering the victim’s statement and the petitioner’s lack of prior criminal record.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 183
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 87

Subjects

bail
kidnapping
Bharatiya Nyaya Sanhita
Bharatiya Nagrik Suraksha Sanhita
criminal procedure
victim statement
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3192 of 2026
                       Arising Out of PS. Case No.-270 Year-2025 Thana- DEV District- Aurangabad
                 ======================================================
                 Gulshan Kumar, Male, aged about 22 years, S/o- Shankar Singh @ Shankar
                 Dayal Singh @ Shanker Dayal Singh, resident of village- Dhanhara, Rampur,
                 Post- Ramchandra Nagar, PS- Jamhore, District- Aurangabad
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Gaurav, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Deo PS

                   Case No.270 of 2025 dated 31.10.2025, instituted for the

                   offence punishable under Sections 137(2) and 87 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that he along

                   with co-accused and unknown person had kidnapped the wife of

                   the informant after being lured from Deo Temple.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is the cousin of the informant and the victim lady is

                   the sister-in-law (Bhabhi) of the petitioner. After recovery of the

                   victim, her statement has been recorded under Section 183 of
            Patna High Court CR. MISC. No.3192 of 2026(3) dt.23-02-2026
                                                        2/2




                      the Bharatiya Nagrik Suraksha Sanhita, 2023, from which it

                      would appear that the victim had gone to different places with

                      the petitioner without any objection and protest. Further, from

                      the statement recorded under Section 183 of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023, it would appear that there is no

                      allegation of any misbehave or sexual assault against the

                      petitioner. The victim herself refused to go through the medical

                      examination. Lastly, it is submitted that the petitioner is in

                      custody since 25.11.2025 having no criminal antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the Chief Judicial Magistrate,

                      Aurangabad, in Deo PS Case No.270 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T

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