Patna High Court
Harshraj Sahni @ Harsraj @ Harsh Raj @ Harsh Raj SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner subject to a bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Harshraj Sahni sought anticipatory bail in a case registered under Section 366(A) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, alleging kidnapping of an informant's niece. The victim, recorded under Section 183 of the Bihar Nirbhaya (BNSS) procedure, testified that she had voluntarily left her home to pursue studies and denied any abduction, and the trial court had determined her age to be 18 years. The State opposed the bail application, arguing the seriousness of the offences. The court considered the victim’s statement, her age, and the clean antecedent of the petitioner, and concluded that anticipatory bail could be granted with conditions. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged kidnapping and offences under IPC 366A and POCSO Act Section 8.
- Whether the victim’s voluntary statement and age of 18 affect the bail decision.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Nirbhaya (BNSS) Procedure — s. 183
- Indian Penal Code — s. 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- IPC 366A
- POCSO Act
- victim statement
- age of consent
- bail conditions
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5123 of 2026
Arising Out of PS. Case No.-71 Year-2023 Thana- ALOULI District- Khagaria
======================================================
Harshraj Sahni @ Harsraj @ Harsh Raj @ Harsh Raj Sahani Son of Prem
Sahni R/o Village - Kalyanpur, P.S. - Bibhutipur, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Kumar Gandhi Son of Late Sachchidanand Poddar R/o Village -
Raun, P.S. - Alauli, Distt. - Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 07-05-2026 None appears on behalf of the opposite party no. 2.
2. Heard learned counsels for the petitioner and
learned A.P.P. for the State.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 366(A) of Indian Penal
Code and Section 8 of the Protection of Children from Sexual
Offences Act.
4. It is alleged this petitioner along with two unknown
persons kidnapped the niece of informant.
5. Learned counsel appearing for the petitioner
submits that during investigation, victim was recovered and in
her statement, recorded under Section 183 BNSS, she denied the
Patna High Court CR. MISC. No.5123 of 2026(5) dt.07-05-2026
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prosecution case and has categorically stated that she herself
fled away from the house and went to the house of her friend in
Begusarai for further studies, as her parents were forcing her to
get married. Learned Trial Court assessed age of the victim to be
18 years. Petitioner claims clean antecedent.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that 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 Special Judge, POCSO Act,
Khagaria in connection with Alauli P. S. Case No. 71 of 2023,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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