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Patna High Court

Kanhaiya SahaniversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail.

Summary

The petitioners, members of the family of co‑accused Ravi Ranjan Sahani, were implicated in a kidnapping case (Police Station Case No. 263 of 2025) after the informant alleged that her daughter had been abducted by them. The informant’s daughter was later found to have voluntarily left home, stayed with Ravi Ranjan, and solemnised marriage, as recorded in statements under Sections 180 and 183 of the Bhartiya Nagrik Suraksha Sanhita. The petitioners contended that the allegations were false and stemmed solely from their familial connection to the co‑accused. Considering the victim’s voluntary statement and the lack of substantive evidence linking the petitioners to the alleged kidnapping, the Court was inclined to grant anticipatory bail. Accordingly, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the kidnapping case under Section 87 of the Bhartiya Nyaya Sanhita
  • Whether the victim’s voluntary statement under Sections 180 and 183 of the Bhartiya Nagrik Suraksha Sanhita negates the prosecution’s case
  • Whether familial association with a co‑accused suffices to sustain the charge

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • voluntary statement
  • family members
  • Section 87
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30534 of 2026
                 Arising Out of PS. Case No.-263 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
           1.     Kanhaiya Sahani S/O Shankar Sahani Resident of Village- Madhopur
                  Turkahan, P.S - Mahammadpur, Distt. - Gopalganj
           2.    Basanti Devi W/o Kanhaiya Sahani Resident of Village- Madhopur
                 Turkahan, P.S - Mahammadpur, Distt. - Gopalganj
           3.    Tuntun Sahani S/o - Kanahiya Sahani, Resident of Village- Madhopur
                 Turkahan, P.S - Mahammadpur, Distt. - Gopalganj
           4.    Neha Kumari @ Neha Devi W/o - Tuntun Sahani Resident of Village-
                 Madhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj
           5.     Ranju Kumari D/o -Kanhaiya Sahani Resident of Village- Madhopur
                  Turkahan, P.S - Mahammadpur, Distt. - Gopalganj
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State Of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ram Sandesh Roy
                 For the Opposite Party/s :     Mr. Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   07-05-2026         1. Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Mahammadpur Police Station Case No. 263 of 2025,

                            dated 21.11.2025, disclosing offences under Sections 87

                            of the Bhartiya Nyaya Sanhita.

                       3. The prosecution story, in brief, is that on 16.11.2025, the

                            entire family members of the informant went to sleep

                            after taking dinner. When they woke up in the morning,

                            the informant found that her daughter was missing.

                            Thereafter, the informant, along with her family
Patna High Court CR. MISC. No.30534 of 2026(2) dt.07-05-2026
                                            2/4




                  members, started searching for her daughter and in course

                  thereof, they arrived at the house of the petitioners, who

                  abused the informant and her family members and told

                  them that they had kidnapped her daughter and that the

                  informant could do whatever she wanted.

              4. Learned counsel for the petitioners submits that the

                  petitioners have falsely been implicated in the present

                  case merely because they happen to be the family

                  members of co-accused Ravi Ranjan Sahani @ Hira

                  Sahani, with whom the informant’s daughter was having

                  love relationship. Learned counsel next submits that the

                  victim girl has voluntarily returned back and in her

                  statement, recorded during the course of investigation

                  under Section 180 of the Bhartiya Nagrik Suraksha

                  Sanhita before police, she has clearly stated that on

                  17.11.2025, she voluntarily left her house and went to

                  Hajipur, where she stayed with co-accused Ravi Ranjan

                  Sahani and also solemnized marriage with him. He

                  further submits that the statement of the victim girl was

                  also recorded under Section 183 of the Bhartiya Nagrik

                  Suraksha Sanhita, which would be apparent from the

                  investigation report.
Patna High Court CR. MISC. No.30534 of 2026(2) dt.07-05-2026
                                            3/4




              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that the

                  victim girl has been recovered and in her statement,

                  recorded under Section 180 of the Bhartiya Nagrik

                  Suraksha Sanhita, she has stated that she left her house

                  voluntarily and stayed with co-accused Ravi Ranjan

                  Sahani and solemnized marriage with him and the

                  petitioners are family members of co-accused, I am

                  inclined to grant the petitioners the privilege of

                  anticipatory bail.

              6. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that , I am

                  inclined to grant the petitioner privilege of anticipatory

                  bail.

              7. This application is, accordingly, allowed.

              8. Let the petitioners, above named, in the event of their

                  arrest or surrender before the Court below within four

                  weeks, be released on bail on furnishing bail bond of Rs.

                  10,000/- (Ten Thousand) each with two sureties of the

                  like amount each to the satisfaction of learned Chief

                  Judicial Magistrate, Gopalganj, in connection with

                  Mahammadpur Police Station Case No. 263 of 2025,
            Patna High Court CR. MISC. No.30534 of 2026(2) dt.07-05-2026
                                                        4/4




                              subject to the condition laid down under Section 482 (2)

                              of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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