Patna High Court
Sunil SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sunil Sahani, was arrested in connection with a case of kidnapping and alleged sexual offences involving the 2½‑year‑old daughter of an informant. The prosecution alleges that on 23‑11‑2023 he, along with a co‑accused, abducted the child with the intention of selling her, and charges him under multiple sections of the Indian Penal Code and the POCSO Act. The petitioner pleaded innocence, claiming a clean antecedent, and sought regular bail after being in custody since 25‑11‑2023. The State opposed bail, emphasizing the seriousness of the offences, which include kidnapping, rape, murder and offences against a child. The trial is near completion with nine of ten prosecution witnesses already examined, leaving only a medical witness. Considering the gravity of the charges and the stage of the trial, the Court refused to grant bail.
Issues considered
- Whether regular bail can be granted to the petitioner in a case involving kidnapping, rape, murder and offences under the POCSO Act.
Legislation cited
- Indian Penal Code — s. 201, 302, 323, 34, 341, 367, 368, 370, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- kidnapping
- child abduction
- POCSO
- IPC
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53260 of 2025
Arising Out of PS. Case No.-504 Year-2023 Thana- MINAPUR District- Muzaffarpur
======================================================
Sunil Sahani S/o Mohan Sahani R/o Village- Methanapur, P.S.- Minapur,
District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Resham Devi At Hamidpur, P.S.- Ahiyarpur, Distt.- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav
For the State : Mr. Rana Randhir Singh
For the Informant : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 19-01-2026 Heard learned counsel for the petitioner as well as
the informant and learned Additional Public Prosecutor for the
State.
2. The petitioner is seeking regular bail in connection
with Meenapur P.S. Case No. 504 of 2023 for the offences
punishable under Section 341, 323, 367, 368, 370(A), 504, 506,
34 of the IPC and added Section 302, 376, 201 of IPC and
Section 4 and 6 of POCSO Act.
3. As per the prosecution case, on 23.11.2023, the
petitioner along with one co-accused person, abducted the
informant’s 2 ½ year old daughter under the pretext of playing
with her. Co-accused mother, Sita Devi, later admitted to the
Patna High Court CR. MISC. No.53260 of 2025(4) dt.19-01-2026
2/2
kidnapping, claiming the child would be sold.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and falsely been implicated in this
case. The petitioner is a person of clean antecedent and is in
custody since 25.11.2023.
5. Learned APP for the State and learned counsel for
the State opposed the prayer for bail.
6. It appears that out of 10 prosecution witnesses, 9
witnesses have been examined and only one official witness i.e.
the doctor is left to be examined and the trial is on the verge of
its conclusion.
7. Considering the above mentioned facts and
circumstances, I am not inclined to grant bail to the petitioner.
Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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