Patna High Court
Alok Kumar Sahani @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties of equal amount.
Summary
Alok Kumar Sahani was arrested in connection with a case registered under Section 137(2) of the B.N.S. and Section 8 of the POCSO Act, alleged to have kidnapped the informant's daughter by threatening her life. During trial, the victim testified that she voluntarily went with the petitioner, married him, and bore his child. The petitioner had been in custody since 3 December 2024 and sought bail. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the victim’s statement and the circumstances, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to his cooperation with the trial.
Issues considered
- Whether bail should be granted in a case involving alleged kidnapping and offences under Section 137(2) of the B.N.S. and Section 8 of the POCSO Act.
- Whether the victim’s testimony that she went voluntarily and married the petitioner affects the bail decision.
Legislation cited
- B.N.S. — s. 137(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- bail
- kidnapping
- POCSO Act
- Section 137(2)
- child marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55431 of 2025
Arising Out of PS. Case No.-185 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Alok Kumar Sahani @ Alok Kumar S/O Late Jadu Sahani @ Lt. Yaddu
Sahani R/O Village- Bediban Madhuban, P.S- Pipra, Dist.- East Champaran
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi W/O Aklu Sahani R/O Village- Bediban Madhuban, P.S- Pipra,
Distt.- East Champaran (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner seeks bail in a case registered for the
offence under Section-137(2) of the B.N.S. and Section-8 of the
POCSO Act.
3. The prosecution allegation, in short, is that the
petitioner kidnapped the daughter of the informant by giving
threat of life to her.
4. It has been submitted on behalf of the petitioner
that in course of trial, the victim was examined as P.W. 1 in
which, she has stated that she went with the petitioner according
to her own sweet will and, she solemnized marriage with the
Patna High Court CR. MISC. No.55431 of 2025(5) dt.08-01-2026
2/2
petitioner. She had a child from the wedlock of the petitioner.
The petitioner is under custody since 03-12-2024.
5. On the other hand, learned counsel appearing for
the State has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above-named, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each of the satisfaction of learned
Additional Sessions Judge-VII-cum-Special Judge (POCSO),
East Champaran, Motihari in connection with Pipra P.S. Case
No. 185 of 2024 subject to the condition that the petitioner shall
cooperate with the trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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