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Patna High Court

Alok Kumar Sahani @ Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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