Patna High Court
Kumar Gourav @ Gourav Kumar @ Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Kumar Gourav, was arrested in connection with a kidnapping case (PS Kotwali (Barari) Case No. 517/2019) under Sections 363 and 366 of the Indian Penal Code. The prosecution alleges that he kidnapped the informant’s daughter, while the petitioner claims the girl eloped with him and stayed with him for several months before the relationship soured. He asserted his innocence, highlighted his clean antecedent, and stated he has been in custody since 30‑05‑2025 and is willing to cooperate with the trial. The State opposed regular bail. After considering the facts, the court found no compelling reason to keep the petitioner detained and ordered bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case of kidnapping under Sections 363 and 366 IPC.
Legislation cited
- Indian Penal Code — s. 363, 366
Subjects
- bail
- kidnapping
- IPC 363
- IPC 366
- regular bail
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81584 of 2025
Arising Out of PS. Case No.-517 Year-2019 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
Kumar Gourav @ Gourav Kumar @ Gaurav Kumar Son of Late Nandu
Kumar Gupta @ Nandlal Gupta Resident of Village- Sokhara, P.S.- Fulwaria,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kotwali (Barari) P.S. Case No. 517/2019 registered for the
offences punishable under Sections 366 and 363 of the Indian
Penal Code
3. As per the prosecution case, petitioner is accused of
kidnapping the informant’s daughter.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim girl, it appears that she had eloped with
the petitioner and stayed with him in Katihar for six to seven
Patna High Court CR. MISC. No.81584 of 2025(5) dt.19-03-2026
2/2
months and after their relationship turned sour, this application
was filed. Petitioner has clean antecedent and he is in custody
since 30.05.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Bhagalpur /concerned Court
below in connection with Kotwali (Barari) P.S. Case No. 517 of
2019.
(Sandeep Kumar, J)
tusharika/-
U T
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