← Library
Patna High CourtCR. MISC./25384/2026disposed

Sourav Kumar @ Sourabh Kumar v. The State Of Bihar

2026-04-22Mr. Justice Purnendu Singh2 pages

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 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 prearrest 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/- U T