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Patna High Court

Maran SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioners, finding insufficient evidence of forcible abduction.

Summary

Maran Sahani and Munni Devi applied for regular bail in a criminal case (Dariyapur P.S. Case No. 369 of 2025) alleging abduction of a girl, charged under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution produced the victim's statement, which indicated that she left her home voluntarily and later married Ajay Kumar. The petitioners argued they were falsely implicated and had clean antecedents. The court examined the victim's statement and found no concrete evidence of forcible abduction. Consequently, the court allowed the bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties, while noting that the observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the charges of abduction under the Bharatiya Nyaya Sanhita.
  • Whether the victim's statement indicating voluntary departure negates the prosecution's case for continued custody.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • abduction
  • victim statement
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1049 of 2026
                      Arising Out of PS. Case No.-369 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
           1.     Maran Sahani S/o- Late Bhuneshwar Sahani Vill- Barua Tola, Ps-
                  Mohiuddin Nagar, Dist- Samastipur
           2.    Munni Devi W/o- Maran Sahani Vill- Barua Tola, Ps- Mohiuddin Nagar,
                 Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rani Devi w/o krishna sahani village barwe ps dariyapur dist saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Gupta
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   23-06-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. Mr. Jharkhandi Upadhyay, the learned APP

                   appearing for the State has produced the statement of the victim

                   girl on instructions from Superintendent of Police, Saran at

                   Chapra.

                                3. The petitioners seek regular bail in connection with

                   Dariyapur P.S. Case No. 369 of 2025 registered for the offence

                   under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                4. As per the prosecution case, the petitioners along

                   with others are accused of abducting the victim girl.
Patna High Court CR. MISC. No.1049 of 2026(6) dt.23-06-2026
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                       5. Learned counsel for the petitioners submits that

          the petitioners are quite innocent and have been falsely

          implicated in this case. It is further submitted that there is no

          specific allegation against the petitioners and the petitioners are

          in custody since 26.06.2025 having clean antecedents.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       7. I have considered the submissions of the parties and

          have gone through the records of the case. From the statement

          of the victim girl recorded under Section 183 BNSS, it appears

          that the victim girl had left her house on her own and thereafter

          got married to one Ajay Kumar.

                       8. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       9. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Dariyapur P.S. Case No. 369 of 2025.

                       10. It is made clear that any observation made herein

          is prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.1049 of 2026(6) dt.23-06-2026
                                                        3/3




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T


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