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Patna High Court

Santosh SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and conditions.

Summary

Santosh Sahni was arrested in connection with a case alleging that he lured a minor, threatened her with a knife, used vulgar language and was found with the child in a semi‑nude state, invoking Sections 376 and 511 of the IPC and Sections 8 and 12 of the POCSO Act. The petitioner claimed he was falsely implicated due to prior enmity, citing a previously dismissed case and a victim’s statement under Section 164 of the CrPC that she was made naked but did not allege any physical assault. The State opposed bail, emphasizing the seriousness of the offences. The court, noting the prolonged pre‑trial detention since February 2024 and the petitioner’s clean antecedents, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation and availability for trial. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether regular bail can be granted in a case involving alleged rape and sexual assault of a minor under the IPC and POCSO Act.
  • Whether the allegations and the nature of the offences justify denial of bail despite the petitioner’s claim of false implication.

Legislation cited

Subjects

  • regular bail
  • rape
  • POCSO
  • minor
  • false implication
  • pre‑trial detention
  • IPC
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38277 of 2025
                     Arising Out of PS. Case No.-14 Year-2024 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Santosh Sahni S/o Late Nathuni Sahni @ Nathuni Sahni R/o - Dhobopur,
                 Hathauri, P.S - Hayaghat, District - Darbhanga, Bihar
                                                                       ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Meena Devi W/o Santosh Das R/o vill - Dhobopur, Bansara, P.S. -
                  Hayaghat, Distt.- Darbhanga, Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Vinay Kumar Mishra, Advocate
                 For the State           :        Mr. J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   06-01-2026                      Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Hayaghat P.S. Case No. 14 of 2024, registered for the

                   offences punishable under Sections 376, 511 of the IPC and

                   Sections 8 and 12 of the POCSO Act.

                                3. As per the prosecution story, the petitioner allured

                   the informant’s minor daughter. It is alleged that he took her in

                   his house, threatened her using knife and used vulgar language.

                   Upon hearing victim’s scream, a neighbor intervened and found

                   the child in objectionable, semi nude state.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.38277 of 2025(5) dt.06-01-2026
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          this case. He has further submitted that there is previous enmity

          between the parties. Devar of the informant has lodged

          Hayaghat P.S. Case No. 177 of 2023 against the petitioner and

          his family members in which the police has submitted final form

          which was accepted by the Judicial Magistrate and the case was

          dropped. Thereafter, with intention to falsely implicate the

          petitioner, the present case has been lodged. It has further been

          submitted that statement of the victim has been recorded under

          Section 164 of the Cr.P.C., in which she has stated that the

          petitioner made her naked but she did not allege any kind of

          physical misdeed against the petitioner. Learned counsel has

          also submitted that the petitioner is a person of clean antecedent

          and is in custody since 17.02.2024.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioner.

                       6. Considering the above-mentioned facts and

          circumstances and prolonged period of incarceration, let the

          petitioner above-named, is directed to furnish bail bond and on

          doing so, the court below shall release the petitioner on bail on

          furnishing bail bonds of Rs.10,000/- with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge (POCSO Court), Darbhanga in connection with Hayaghat
             Patna High Court CR. MISC. No.38277 of 2025(5) dt.06-01-2026
                                                         3/3




                       P.S. Case No. 14 of 2024, subject to the following conditions

                       that the petitioner shall cooperate in the disposal of trial and

                       make himself available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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