Patna High Court
Santosh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 376, 511
- Protection of Children from Sexual Offences Act — s. 12, 8
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
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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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