Patna High Court
Kanhaiya SahaniversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 180, 183, 482(2)
- Bhartiya Nyaya Sanhita — s. 87
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
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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
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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.
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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,
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subject to the condition laid down under Section 482 (2)
of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
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