Patna High Court
Chandan Sahani @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as a prima facie case exists and the victim’s statement indicates voluntary departure.
Summary
The petitioner, Chandan Sahani, applied for pre‑arrest bail in a kidnapping case involving the minor daughter of an informant, alleged under IPC sections 363 and 366A read with 34, and POCSO Act sections 8 and 12. The victim’s statement recorded under Section 183 of the BNSS indicated she left her house voluntarily with the petitioner and made no allegation of physical or sexual assault. The State opposed the bail, but the Court found that the petitioner had made out a prima facie case for release. Accordingly, the Court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The District Court was directed to verify the petitioner’s criminal antecedents, and the bail order would lapse if any adverse antecedent is found. The bail application was disposed of with the grant of pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a kidnapping case under Sections 363, 366A/34 IPC and Sections 8,12 POCSO Act.
- Whether the victim’s voluntary statement negates the necessity of pre‑arrest detention.
- Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied for granting bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- pre‑arrest bail
- kidnapping
- POCSO
- IPC
- voluntary statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10055 of 2026
Arising Out of PS. Case No.-185 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Chandan Sahani @ Chandan Kumar Son of Shambhu Sahani Resident of
village - Dhankaraiya, Ps- Harsidhi, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of Manu Mahto Resident of village - Sonbarsha Kamkari Tola,
PS- Harsidhi, Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate.
Mr. Harsha Shashwat, Advocate.
For the Opposite Party/s : Mr.Surendra Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Harsidhi P.S. Case No. 185 of 2024 registered for the
offence punishable under Sections 363 and 366A/34 of the
Indian Penal Code and Sections 8 and 12 of the POCSO Act..
3. Allegation is of kidnapping the minor daughter of
the informant on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. The victim in her statement
recorded under Section 183 BNSS has stated that she left her
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house voluntarily with the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the impugned order
wherein the victim in her statement recorded under Section 183
BNSS has stated that she left her house voluntarily with the
petitioner and she has not alleged against the petitioner either
with regard to physical or sexual assault against her, I find that
the petitioner has, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending in
connection with Harsidhi P.S. Case No. 185 of 2024, subject to
the condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
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is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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