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Patna High Court

Arvind Kumar @ Arvind Kumar SahaniversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Arvind Kumar was arrested on 11 September 2024 in connection with a 2022 FIR alleging kidnapping of a 17‑year‑old girl, the informant’s minor daughter, and offences under Sections 341, 323, 363, 366A, 34 of the IPC and Section 8 of the POCSO Act. The petitioner contended that the FIR was fabricated, citing an earlier 2018 case in which he claimed to have married the girl and that the victim’s statement under Section 164 CrPC supported his claim. The State opposed bail, highlighting a fresh statement by the victim under Section 183 of the BNSS (2023) alleging that after the marriage the petitioner’s family members raped her in his presence. The court examined the seriousness of the allegations, the victim’s re‑statement, and the nature of the offences under the POCSO Act. Concluding that the allegations were grave and supported by the victim’s latest statement, the court refused the petitioner's bail application.

Issues considered

  • The propriety of granting bail to the accused in a case involving kidnapping and alleged sexual offences under the POCSO Act.
  • Whether the victim’s re‑statement under Section 183 of the BNSS (2023) substantiates the seriousness of the charges despite earlier statements.
  • Impact of the alleged false FIR claim on the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • false FIR
  • marriage
  • rape
  • minor
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28651 of 2025
                   Arising Out of PS. Case No.-61 Year-2022 Thana- KESARIA District- East Champaran
                 ======================================================
                 Arvind Kumar @ Arvind Kumar Sahani S/o Sri Bhagwan Sahani Resident of
                 village- Konhiya, P.S.- Kesariya, Distt.- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sudama Devi W/o Baleshwar Singh R/o vill - Kanahiya, P.S.- Kesariya,
                 Distt. - East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   16-03-2026                  Heard Mr.Hemant Ray, learned counsel for the

                   petitioner and Mr.Anil Kumar Singh No. 1, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   11.09.2024 in connection with Kesariya P.S. Case No. 61 of

                   2022, F.I.R. dated 16.02.2022 registered for the offence

                   punishable under Sections 341,323,363,366A,34 of the Indian

                   Penal Code and Section 8 of POCSO Act.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons kidnapped informant’s

                   minor daughter aged about 17 years.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.28651 of 2025(5) dt.16-03-2026
                                            2/3




          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. Learned counsel for the petitioner submits

          that in fact earlier the informant has lodged the FIR bearing

          Kesaria P.S.Case No.466 of 2018 for kidnapping of her

          daughter, in fact the petitioner was in love with the daughter of

          the informant. In the aforesaid case, the statement of the victim

          under Section 164 of Cr.P.C. was recorded in which she has

          stated that she has performed the marriage with the present

          petitioner and the present FIR has been instituted only to harass

          the petitioner.

                       5. Learned APP for the State, on the other hand, on

          the basis of the material available on the record and the case

          diary, has vehemently opposed the prayer for bail of the

          petitioner and submits that although the victim has supported

          the previous case in favour of the petitioner but in the present

          case (Kesariya P.S. Case No. 61 of 2022), the victim has stated

          in her statement under Section 183 of BNSS, 2023 that after the

          marriage the petitioner has produced the victim before the

          family members and the family members whose named was

          mentioned in the statement under Section 183 of BNSS, 2023

          have committed rape upon her in presence of the petitioner.
               Patna High Court CR. MISC. No.28651 of 2025(5) dt.16-03-2026
                                                           3/3




                                      6. Considering the nature of allegation against the

                         petitioner which is supported by the victim in her re-statement,

                         I am not inclined to enlarge the petitioner on bail in connection

                         with Kesariya P.S. Case No. 61 of 2022 pending in the court of

                         learned 7th Additional Sessions Judge-cum-Special Judge,

                         POCSO Act, Motihari, East Champaran.

                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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