Patna High Court
Virichand Sah @ Virichan SaahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond and sureties.
Summary
The petitioners, Virichand Sah, Pinku Devi and Bhola Sah, sought bail fearing arrest in a case registered under IPC sections 363, 366A, 34 and section 8 of the POCSO Act for alleged kidnapping of a minor for marriage. They contended that they were falsely implicated because they are relatives of co‑accused Vicky Gupta, who had already been granted bail, and that the victim’s statement under Section 164 of the CrPC indicated she left voluntarily and married Vicky Gupta. The State and the second opposite party opposed the bail application. The Court, noting the petitioners’ clean antecedent, the nature of the alleged injury, and the victim’s voluntary statement, ordered that bail be granted on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was made pending surrender or arrest within eight weeks.
Issues considered
- Whether bail should be granted to the petitioners accused under IPC sections 363, 366A, 34 and POCSO Act section 8
- Whether the victim’s voluntary statement and the clean antecedent of the petitioners justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- child marriage
- POCSO
- IPC
- Criminal Procedure Code
- clean antecedent
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4032 of 2026
Arising Out of PS. Case No.-228 Year-2023 Thana- PATAHI District- East Champaran
======================================================
1. Virichand Sah @ Virichan Saah S/O Gudari Sah Resident of Vill- Jihuli,
P.S.- Patahi, Dist- East Champaran
2. Pinku Devi @ Pinki Devi W/O Lachhu Sah @ Chhotu Sah Resident of Vill-
Jihuli, P.S.- Patahi, Dist- East Champaran
3. Bhola Sah @ Dilip Sah S/O Virichand Sah Resident of Vill- Jihuli, P.S.-
Patahi, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mr. X S/O Y R/O Village- Padumker, P.S- Patahi, Distt.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
For OP 2 : Mr. Shashi Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-05-2026 Heard learned counsel for the petitioners and the
State and opposite party No. 2.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections
363/366A/34, I.P.C. and section 8 POCSO Act.
3 . It is alleged that this petitioner along with other co-
accused persons kidnapped minor daughter of informant for the
purpose of marriage.
4. It is submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.4032 of 2026(4) dt.12-05-2026
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petitioners are innocent and have falsely been implicated in this
case because they happen to be family members of co-accused
Vicky Gupta against whom there is specific accusation of
kidnapping the victim. During investigation, victim was
recovered and her statement under Section 164 of Cr.P.C. was
recorded in which she has categorically stated that she on her
own volition left her house and had gone with co-accused Vicky
Gupta and solemnized marriage with him. Moreover, co-
accused Vicky Gupta has already been granted bail by this
Hon’ble Court vide order dated 07.04.2026 in Cr. Misc. No.
19864 of 2026 . Petitioners claim clean antecedent.
5 . Learned counsel for the State as well as opposite
party No. 2 opposed the bail petition .
6 Considering the nature of injury , clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged 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 the learned
7th Additional Sessions Judge -cum-Special Judge, POCSO Act,
Motihari, East Champaran in connection with Patahi P.S. Case
No. 228 of 2023 , subject to the conditions laid down under
Patna High Court CR. MISC. No.4032 of 2026(4) dt.12-05-2026
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section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita
( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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