Patna High Court
Rohit Sah @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 482(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 17, 8
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
Checking your session…