Patna High Court
Kanhai Sah @ Krishan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail in the kidnapping and 366A case.
Summary
The petitioner, Kanhai Sah (Krishan Kumar), was charged under Sections 363 and 366A of the Indian Penal Code for allegedly kidnapping the minor daughter of an informant. The FIR was lodged on 30 June 2024, more than two months after the alleged incident on 24 April 2024, and the State opposed bail. The petitioner argued that the victim’s own statements before the trial court indicated she had voluntarily fled to Punjab, married the petitioner, and denied any coercion, thereby negating the elements of Section 366A. The court noted the petitioner’s clean criminal record, the prolonged pre‑trial detention since 19 November 2024, and the lack of substantive evidence supporting the kidnapping charge. Considering these factors, the court decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 363 and 366A of the IPC.
- Whether the delay in filing the FIR and the victim’s statements affect the bail decision.
Legislation cited
- Indian Penal Code — s. 363, 366A
Subjects
- bail
- kidnapping
- Section 363 IPC
- Section 366A IPC
- victim testimony
- delay in FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24770 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Kanhai Sah @ Krishan Kumar Son of Late Tuntun Sah Resident of Village -
Chaumukh, Lalbanna, P.S. - Bochaha, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ Son of Late Jogi Ram R/o Village - Unsar Bahapur, Ward no. 08, P.S. -
Bochaha, Dist. - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 363 and
366-A of IPC.
3. The case of the prosecution is that the petitioner
has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of
the FIR, it is clear that this occurrence is of 24.04.2024
whereas the FIR was lodged on 30.06.2024 after more than
Patna High Court CR. MISC. No.24770 of 2026(2) dt.16-04-2026
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two months. The delay is not explained. Learned counsel has
further submitted that during course of trial, the victim has
been examined as PW-1 and she has stated in her examination-
in-chief that she has fled to Punjab and has married to this
petitioner with her own will. In her cross-examination by the
court, she has stated that she was having affair with the
petitioner and has told the petitioner to take her away to which
he denied. Learned counsel has submitted that the statement of
the victim before trial court is that she herself has gone to
Punjab and this statement clearly shows that offence under
Section 366A of IPC is not made out. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 19.11.2024.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rosera P.S. Case No. 149 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.24770 of 2026(2) dt.16-04-2026
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each to the satisfaction of learned Additional Sessions Judge-
VI-cum-Special Court (POCSO), Samasitpur.
(Ashok Kumar Pandey, J)
shubham/-
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