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Patna High Court

Arvindra Sahni @ Pradeep KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the petitioners were not entitled to such privilege given the serious nature of the offences and the victim’s missing status.

Summary

The petitioners, Arvindra Sahni and Munna Sahni, sought anticipatory bail in connection with a police case (Ujiyarpur PS Case No. 443 of 2023) involving alleged offences under Sections 346, 364, 366B, 498A, 120B and 34 of the Indian Penal Code. They claimed the victim girl was in Buxar, known only to her parents, and argued that this made anticipatory bail appropriate. The informant contested this, stating the girl remained missing and no one knew her whereabouts. The State informed the Court that a Special Investigation Team had been formed and the girl was expected to be recovered soon. Considering the seriousness of the allegations and the fact that the victim was still missing, the Court declined to grant anticipatory bail, dismissing the application while allowing the petitioners to apply for regular bail after the girl’s recovery and statement recording.

Issues considered

  • Whether anticipatory bail can be granted when the alleged victim is missing and the offences are serious under the IPC
  • Whether the petitioners are entitled to the privilege of anticipatory bail in the present circumstances

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • missing victim
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58148 of 2025
                    Arising Out of PS. Case No.-443 Year-2023 Thana- UJIYARPUR District- Samastipur
                 ======================================================
           1.     Arvindra Sahni @ Pradeep Kumar S/O Lalan Sahni Resident of Village-
                  Sajanpur, P.S- Singhia @ Warisnagar, District- Samastipur.
           2.    Munna Sahni @ Munna Kumar S/O Gauri Sahni Resident of Village-
                 Sajanpur, P.S- Singhia @ Warisnagar, District- Samastipur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 For the Informant        :       Mr. Dilip Kumar Roy, Advocate
                                                  Ms. Sonia Narayan Sinha, Advocate
                                                  Mr. Vishal Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   23-02-2026                  Heard the learned counsel for the petitioners, the

                   learned counsel for the State and the learned counsel for the

                   informant.

                                2. The petitioners apprehend arrest in connection with

                   Ujiyarpur P.S. Case No. 443 of 2023 registered for offences

                   under Sections 346, 364, 366B, 498A, 120B/34 of the Indian

                   Penal Code.

                                3. Learned counsel for the petitioners submits that the

                   victim girl is presently somewhere in Buxar, but her

                   whereabouts are only known to her parents.

                                4. Learned counsel for the informant denies the

                   aforesaid contention and submits that the girl is still missing and

                   the informant has no knowledge about her whereabouts.
            Patna High Court CR. MISC. No.58148 of 2025(5) dt.23-02-2026
                                                        2/2




                                   5. Learned APP for the State submits that the

                      Superintendent of Police, Samastipur, has constituted an SIT for

                      the recovery of the girl, and it is expected that the girl will be

                      recovered soon.

                                   6. Considering the allegations leveled in the FIR, this

                      Court is of the considered opinion that the petitioners do not

                      deserve the privilege of anticipatory bail in the present case.

                                   7. The application for anticipatory bail is, accordingly,

                      dismissed, with liberty to the petitioners to approach the Court

                      below for regular bail after the recovery of the girl and the

                      recording of her statement.

                                   8. It is expected that the girl will be recovered by the

                      Samastipur Police at the earliest, and a report regarding the

                      same shall be filed by the Samastipur Police through the learned

                      APP.

                                   9. Let a copy of this order be communicated to the

                      Superintendent of Police, Samastipur, through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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