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Patna High Court

Harshraj Sahni @ Harsraj @ Harsh Raj @ Harsh Raj SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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