Patna High Court
Sourav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Sourav Kumar, was arrested in connection with a kidnapping case (PS Case No. 60 of 2025) alleging he abducted a minor girl for marriage, charged under Sections 96, 303(2), 352, 351(2) and 3(5) of the B.N.S. The victim later gave a statement under Section 183 of the B.N.S.S., claiming she voluntarily left home, met the petitioner, travelled to Bangalore, married him, and returned only after her sister‑in‑law informed her of the case. The petitioner’s counsel argued that he was falsely implicated, has no prior criminal record, and has been in judicial custody since 6 September 2025. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the Court found the victim’s statement indicative of a lack of coercion and, considering the petitioner’s clean record, ordered bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges of kidnapping, abduction, and related offences under the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the element of coercion required for the offences.
Legislation cited
Subjects
- bail
- kidnapping
- forced marriage
- Section 183 statement
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82157 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Sourav Kumar, S/o- Mahesh Yadav, R/o Village- Khairi, P.S.- Tetarhat, Distt-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Chandram, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tetarhat P.S. Case No. 60 of 2025 registered for the offence
punishable under Sections 96, 303(2), 352, 351(2) and 3(5) of
the B.N.S. .
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant for
the purpose of marriage.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During course of investigation, the victim was recovered
Patna High Court CR. MISC. No.82157 of 2025(3) dt.22-01-2026
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and she has given her statement under Section 183 of the
B.N.S.S. wherein she has stated she has gone to station and she
has also taken her jewelleries. There, she met the petitioner who
was waiting for her. From there, they went to Bangalore by
train. She has further stated that she has solemnized marriage
with the petitioner. They were living there in a rented room.
When the sister-in-law of the victim informed her regarding
case, they have returned. It has also been submitted by learned
counsel for the petitioner that from perusal of the statement of
the victim under Section 183 of the B.N.S.S., it is clear that she
was not being enticed by this petitioner rather she herself has
gone out of her house on her own will. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 06.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.82157 of 2025(3) dt.22-01-2026
3/3
Judicial Magistrate, Lakhisarai in connection with Tetarhat P.S.
Case No.60 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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