Patna High Court
MADAN SAHNIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, in the absence of any prima facie evidence of an overt act, anticipatory bail should be granted to the petitioners.
Summary
The petitioners Madan Sahni, Tipu Sahni and Mangal Sahni were named in an FIR for allegedly kidnapping a 13‑year‑old girl with intent to commit illicit intercourse or marriage, offences punishable under Sections 366A and 34 of the Indian Penal Code. One co‑accused, Moti Sahni, died during the proceedings, rendering his anticipatory bail application infructuous. The victim’s statement recorded under Section 164 of the Criminal Procedure Code did not implicate the petitioners and instead alleged abuse by her mother. The State opposed the grant of anticipatory bail, but the Court found no prima facie evidence of an overt act by the petitioners. Consequently, the Court directed that the remaining petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging kidnapping and illicit intercourse under IPC Sections 366A and 34.
- Whether the death of petitioner No.1 (Moti Sahni) makes his anticipatory bail application infructuous.
- Whether the victim’s statement under Section 164 CrPC negates a prima facie case against the petitioners.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164, 438(2), 482(2)
- Indian Penal Code — s. 34, 366A
Subjects
- anticipatory bail
- kidnapping
- IPC 366A
- minor victim
- victim statement
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26421 of 2023
Arising Out of PS. Case No.-03 Year-2023 Thana- NADI P.S. District- Patna
======================================================
1. Madan Sahni Son of Mangal Sahni @ Ramji Sahni Resident of Village-
Banstal, Ps- Nadi Distt- Patna
2. Tipu Sahni @ Deepak Kumar Son of Mangal Sahni @ Ramji Sahni Resident
Of Village- Singhpur, Ps- Asson, Distt- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 36138 of 2023
Arising Out of PS. Case No.-3 Year-2023 Thana- NADI P.S. District- Patna
======================================================
1. Moti Sahni @ Moti Kumar S/O Mangal Sahni @ Hira Sahni @ Ramjee
Kevat R/O Village- Banstal, P.S- Nadi, Distt.- Patna.
2. Mangal Sahni S/O Hira Sahni R/O Village- Banstal, P.S- Nadi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 26421 of 2023)
For the Petitioner/s : Mr.Priya Ranjan Prasad
For the Opposite Party/s : Mr.Yogendra Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 36138 of 2023)
For the Petitioner/s : Mr.Priya Ranjan Prasad
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 27-01-2026 Cr. Misc. No. 26421 & Cr. Misc. No. 36138 of 2023
Heard the parties.
2. At the outset, it is pointed out by learned counsel
for the petitioner that in Cr. Misc. No. 36138 of 2023 petitioner
no. 1 namely Moti Sahni @ Moti Kumar died during the present
proceeding, therefore, his prayer of anticipatory bail may be
Patna High Court CR. MISC. No.26421 of 2023(4) dt.27-01-2026
2/3
permitted to withdraw.
3. Considering the aforesaid, anticipatory bail qua
petitioner no. 1 namely Moti Sahni @ Moti Kumar in Cr. Misc. No.
36138 of 2023, stands dismissed being infructuous.
4. Now Cr. Misc. No. 36138 of 2023 survives only
qua petitioner no. 2 namely Mangal Sahni.
5. The accused/petitioners are named in the F.I.R.
and apprehended their arrest in connection with Nadi P.S. Case
No. 03 of 2023 registered for the offences punishable under
Section 366(A)/34 of the Indian Penal Code.
6. As per FIR, informant raised suspicion against
petitioners being friend of co-accused Moti Sahni to kidnap the
minor daughter of informant aged about 13 years for the purpose
of illicit intercourse or marriage with other person.
7. Learned counsel appearing on behalf of the
petitioners submitted that after recovery of victim when her
statement was recorded under Section 164 of the Cr.P.C., she
categorically stated that her mother assaulted her as she was
talking with some boy (without disclosing his name) and left her
parental home. It is submitted that victim not even whispered
anything incriminating about these petitioners qua involvement
with the present crime in question. While concluding the argument
Patna High Court CR. MISC. No.26421 of 2023(4) dt.27-01-2026
3/3
learned counsel submitted that petitioners are men of clean
antecedent.
8. Learned APP appearing on behalf of the State,
opposes the prayer for anticipatory bail.
9. In view of aforesaid facts and circumstances and
by taking note of the fact as statement of victim as recorded under
Section 164 of the Cr.P.C., prima-facie nowhere suggests any
overt act attributed against petitioners qua crime in question,
accordingly the petitioners namely Madan Sahni, Tipu Sahni @
Deepak Kumar in Cr. Misc. No. 26421 of 2023 & Mangal
Sahni in Cr. Misc. No. 36138 of 2023, in the event of their
arrest or surrender before the learned trial court within a period of
four weeks, are directed to be released on bail, furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
J.M. Ist Class, Patna City/concerned trial court where the case is
pending in connection with Nadi P.S. Case No. 03 of 2023 subject
to the conditions as laid down under Section 438(2) of the Cr.P.C./
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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