Patna High Court
Rahul Kumar Sahni @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
Petitioner Rahul Kumar Sahni sought anticipatory bail after an FIR alleged he kidnapped the minor daughter of an informant, invoking Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita. The victim, however, recorded a statement under Section 183 of the Bharatiya Nyaya Sanhita denying any kidnapping, and the petitioner claimed a clean antecedent. The State opposed the bail, but the court considered the victim's denial and the petitioner's clean record. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail. The order directed that, upon arrest or surrender within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the victim's denial of kidnapping and the petitioner's clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 96
Subjects
- anticipatory bail
- kidnapping
- victim statement
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4176 of 2026
Arising Out of PS. Case No.-230 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Rahul Kumar Sahni @ Rahul Kumar S/o Sri Suresh Sahni @ Suresh Sahani
Resident of Village - Rahua Dharampur, P.S.- Rosera, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/o YY Resident of Village - Rahua Dharampur, Ward No. 5, P.S.-
Rosera, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
For the O.P. No. 2 : Ms. Shreya, Mr. Jitendra Kr Bharti, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137(2), 96 of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have
kidnapped minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Victim in
her statement recorded under Section 183 BNSS has denied the
prosecution case and has stated that no one kidnapped her.
Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.4176 of 2026(2) dt.19-02-2026
2/2
5. Learned counsel for the opposite party no. 2
vehemently opposed the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS and clean antecedent of the petitioner, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge-VI-cum-Special Court
(POCSO), Samastipur in connection with Rosera P. S. Case No.
230 of 2024, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…