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Patna High Court

Rohit Sah @ Rohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the petition for anticipatory bail, granting it subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Rohit Sah, was accused in Barharia P.S. Case No. 624 of 2024 of kidnapping a minor girl under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, and Sections 8 and 17 of the POCSO Act. The prosecution sought denial of bail, alleging the offences were serious. The petitioner contended he was innocent, asserting that the girl had voluntarily eloped with him, a claim supported by her statement recorded under Section 183 of the BNSS. The court examined the facts, the victim's voluntary elopement, and the legal standards for anticipatory bail. Concluding that the circumstances did not justify denial of bail, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of kidnapping and POCSO offences.
  • Whether the victim's voluntary elopement negates the elements of kidnapping under the BNSS.
  • Whether the seriousness of the alleged offences warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO
  • BNSS
  • elopement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58021 of 2025
                       Arising Out of PS. Case No.-624 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
                 Rohit Sah @ Rohit Kumar S/o Dinesh Sah R/o Village- Balapur, P.S.-
                 Barhariya, District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Neetu Devi W/o Ayodhya Sharma R/o Village - Sadapur Pacchim Tola, P.S -
                 Barhariya, District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam
                 For the Opposite Party/s :       Mr. Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   15-01-2026                  Seen the office notes.

                                2. Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                3. The petitioner apprehends arrest in connection with

                   Barharia P.S. Case No. 624 of 2024 registered for offences

                   under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita, 2023

                   and Section 8, 17 of the POCSO Act.

                                4. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                5. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                                6. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.58021 of 2025(4) dt.15-01-2026
                                                        2/2




                      the prayer for bail.

                                   7. From the statement of the victim girl recorded

                      under Section 183 BNSS produced by the learned counsel for

                      the petitioner, it appears that the victim had eloped with the

                      petitioner on her own.

                                   8. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   9. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned A.D.J.-VI,

                      Siwan/concerned Court below in connection with Barhariya P.S.

                      Case No. 624 of 2024 subject to the conditions as laid down

                      under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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