Patna High Court

Bechan Sahni@ Bechan SahanversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Bechan Sahni, filed an anticipatory bail application fearing arrest in a criminal case registered under several provisions of the Bharatiya Nyaya Sanhita, including offences of rape and intimidation. The FIR alleges that the petitioner, together with a co‑accused, raped the complainant and threatened her life to prevent disclosure. The victim’s statement was recorded under Section 183 of the Bharatiya Nyaya Sanhita, which the prosecution relied upon. The court examined the seriousness of the allegations, the nature of the offences, and the victim’s recorded statement. Considering the gravity of the charges and the evidentiary material, the court refused the petition for anticipatory bail. The order was delivered by Justice Prabhat Kumar Singh. The petition was consequently dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 126(2), 70(1), 351(2)(3), 74, 352 and 3(5) of the Bharatiya Nyaya Sanhita.
Whether the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita warrants denial of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 126(2), 183, 3(5), 351(2)(3), 352, 70(1), 74

Subjects

anticipatory bail
rape
criminal procedure
Bharatiya Nyaya Sanhita
victim statement
Section 183

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.198 of 2026
                   Arising Out of PS. Case No.-56 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                  ======================================================
                  Bechan Sahni@ Bechan Sahan S/o Shiv Shankar Sahani @ Shankar Sahani
                  R/o Village- Pakri Barkhudar, P.S- Rampurhari, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Sunita Kumari D/o Lagan Sahni R/o vill - Pakri, Barkhudar, P.s.-
                  Rampurhari, Distt.- Muzaffarpur

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Sanjay Kumar S.K., Advocate
                  For the Opposite Party/s :      Mr. Upendra Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-01-2026                  Heard learned counsel for the petitioner and the State.
                                 2. Petitioner apprehends arrest in case registered for
                    the offences punishable under Sections 126(2), 70(1), 351(2)
                    (3), 74, 352, 3(5) of the Bharatiya Nyaya Sanhita.
                                 3. As per F.I.R., informant alleges that this petitioner
                    along with co-accused Ranjeet Sahni committed rape with her
                    and threatened to kill her if she discloses the ordeal to anyone.
                    Victim in her statement recorded under Section 183 BNSS has
                    supported the prosecution case.
                                 4. Considering the nature of accusation and statement
                    of the victim recorded under Section 183 BNSS, prayer for
                    anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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