Patna High Court
Raushan Kumar Sahni @ Raushan SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2).
Summary
The petitioner, Raushan Kumar Sahni, applied for anticipatory bail fearing arrest in a case alleging kidnapping of a minor under Sections 137(2), 96, 3(5) of the B.N.S. and Section 8 of the POCSO Act. The prosecution alleged that the petitioner abducted the informant’s minor daughter. The petitioner contended he was innocent, asserting that the minor, aged about 19, voluntarily fled with him to escape marital abuse, and that her statement under Section 183 supported this claim. The victim’s statement indicated she was on talking terms with the petitioner and had left her abusive husband, undermining the kidnapping allegation. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of kidnapping and offences under the B.N.S. and POCSO Act.
- Whether the victim’s voluntary statement under Section 183 negates the prosecution’s kidnapping charge.
- Whether the conditions prescribed under Section 482(2) justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- minor
- bail conditions
- criminal procedure
- section 183
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.156 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Patauna District- Madhubani
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Raushan Kumar Sahni @ Raushan Sahni, S/O Sambhu Sahni, R/O Village -
Jagwan Kataiya, P.S- Patauna, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Later Latar Sahni, R/O Vill.- Jagwan Tola, Manirabad, P.S.-
Patauna, District- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Patauna P.S. Case No. 39 of 2025 instituted for the offence
under Sections 137(2), 96 and 3(5) of B.N.S. and Section 8 of
POCSO Act.
3. The case of the prosecution, in short, is that the
petitioner along with others has kidnapped the minor daughter
of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
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committed no offence. He has falsely been implicated in this
case. During course of investigation, the victim was recovered
and she has given her statement under Section 183 of B.NS.S.
wherein she has stated that she was on talking terms with the
petitioner. She was married with one Sunil Kumar. Sunil Kumar
used to assault her. One day, she had come to her parental house
and went with Raushan, the petitioner to his aunt’s house. She
was thereat for four days and from there, she went to Bhitha,
lived there for ten days. One day, when she was standing alone
at near Kathaila Chowk, she was apprehended by a lady police.
It has further submitted that from perusal of the statement of the
victim, it is clear that she is aged about 19 years and she had
fled with the petitioner as she was being assaulted by her
husband. Petitioner is having no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Patauna P.S. Case No. 39 of 2025, he will be
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enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st, Benipatti (Madhubani), subject
to the conditions as laid down under section 482 (2) of the
B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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