Patna High Court
Arvindra Sahni @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120B, 34, 346, 364, 366B, 498A
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
Checking your session…