Patna High Court
Sitaram SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
Petitioners Sitaram Sahni and Rajeev Sahni were named in an FIR for multiple IPC offences and sections 8 and 10 of the POCSO Act, alleged to have sexually assaulted a 14½‑year‑old girl. They contended that the sexual assault allegation was false, arising from a monetary dispute, and that the police investigation corroborated this. The petitioners sought anticipatory bail, while the State opposed the relief. The court noted the lack of substantiation for the POCSO allegation and the petitioners' lack of prior criminal antecedent for the present case. Consequently, the court granted anticipatory bail, directing the petitioners to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under IPC and POCSO provisions.
- Whether the allegation of sexual assault under the POCSO Act is substantiated.
- Whether the petitioners' prior criminal history affects the grant of bail.
- Whether the State's opposition to anticipatory bail is justified.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 341, 354, 379
- Protection of Children from Sexual Offences Act — s. 10, 8
Subjects
- anticipatory bail
- POCSO
- sexual assault
- false allegations
- monetary dispute
- bail conditions
- IPC offences
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32949 of 2025
Arising Out of PS. Case No.-383 Year-2019 Thana- BOCHAHAN District- Muzaffarpur
======================================================
1. Sitaram Sahni S/o Late Ram Swarup Sahani R/o Village- Vajitpur
Manjhouli, P.S.- Bochahaon, District- Muzaffarpur
2. Rajeev Sahni @ Rajeev Sahani S/o Ramkrit Sahani R/o Village- Vajitpur
Manjhouli, P.S.- Bochahaon, District- Muzaffarpur
... ... Petitioners
Versus
1. The State of Bihar
2. Rani Kumari D/o Chulahi Sahni R/o Village- Vajitpur Manjhouli, P.S.-
Bochahaon, District- Muzaffarpur
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Bochahan P.S.
Case No. 383 of 2019 registered for the offences punishable
under Sections 147, 149, 341, 323, 324, 307, 354, 379 of the
Indian Penal Code and section 8/10 of the POCSO Act.
3. The allegation against the petitioner is to sexually
assault and abuse informant/victim, who is aged about 14½
years, during course of occurrence.
4. Mrs. Bela Singh, learned counsel appearing on behalf
Patna High Court CR. MISC. No.32949 of 2025(5) dt.15-01-2026
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of the petitioners submitted that during investigation police
found the allegation of sexual assault (non-penetrative), as
alleged, wrong against the petitioners and, therefore, charge-
sheet was not submitted under the POCSO Act, but by differing
with police report without assigning any reason, learned trial
court took cognizance against the petitioners.
5. It is submitted by learned counsel that in fact, this
case was lodged in the background of monetary transaction
dispute between the parties and this fact was also supported by
the injured witnesses during course of investigation.
5. Explaining criminal antecedent of the petitioners, it is
submitted by Mrs. Bela Singh that petitioner no. 1 was made
accused in Bochahan P.S. Case No. 16/2008, which was settled
in Lok Adalat on 14.12.2024, and so far as petitioner no. 2 is
concerned, he was also made accused in Bochahan P.S. Case
No. 04/2015, in which he was acquitted by the learned trial
court, and, therefore, it can be said that there is no criminal
antecedent of the petitioners for the present.
7. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioners.
8. In view of aforesaid factual submission and by taking
Patna High Court CR. MISC. No.32949 of 2025(5) dt.15-01-2026
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note of the fact as police during investigation found the
allegation of sexual assault not correct, coupled with the fact
that parties had litigating background, accordingly, above-
named petitioners, in the event of their arrest/surrender within
a period of four weeks from this order, are directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) each with two sureties of the like amount each to
the satisfaction of learned Additional District & Sessions Judge–
6th-cum-Special Judge, POCSO-I, Muzaffarpur/ concerned court
in connection with Bochahan P.S. Case No. 383 of 2019,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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