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Patna High Court

Shivbalak Sahani @ ModiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Shivbalak Sahani, was charged with kidnapping and sexual offences against a minor under sections 96 and 3(5) of the B.N.S. and sections 8 and 12 of the POCSO Act. The prosecution alleged that he abducted the informant's daughter, took her to Nepal, assaulted her, and later abandoned her in an orchard. The petitioner contended that the relationship was consensual, the victim was an adolescent of about 16‑18 years, and that the kidnapping did not fall within IPC section 366A. Conflicting statements were recorded from the victim under sections 180 and 183 of the B.N.S., with the later statement alleging forced intercourse. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioner released on regular bail upon furnishing a bond and sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite allegations under the POCSO Act and kidnapping provisions.
  • Whether the victim's statements under sections 180 and 183 of the B.N.S. create a prima facie case warranting denial of bail.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • POCSO Act
  • minor
  • sexual assault
  • consent
  • age of consent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62529 of 2025
                    Arising Out of PS. Case No.-477 Year-2024 Thana- DHAKA District- East Champaran
                 ======================================================
                 Shivbalak Sahani @ Modi S/o Nagendra Sahani R/V - Mahuawa, PS- Dhaka,
                 Dist- East Champaran
                                                                      ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Kashim Mansuri C/o Late Sahid Mansuri R/o vill - Mahuawa, P.S.- Dhaka,
                  Distt.- East Champaran
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Priyanka Singh, Advocate
                                                  Mr. Yogesh Chandra Verma, Advocate
                                                  Mr. Harsh Kumar, Advocate
                                                  Mr. Salaj Kumar Rai, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar, APP
                 For the Informant        :       Mr. Sanjay Kumar Tiwari, Advocate
                                                  Mr. Ujjwal Kumar, Advocate
                                                  Mr. Mohan Kr. Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   06-01-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 96 and 3(5)

                   of the B.N.S. and Sections 8 and 12 of the POCSO Act.

                                 3. The case of the prosecution is that the petitioner

                   along with other has kidnapped the minor daughter of the

                   informant while she has gone to ease herself.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. During

                   course of investigation, the victim has given her statement
Patna High Court CR. MISC. No.62529 of 2025(5) dt.06-01-2026
                                            2/3




          recorded under Section 180 of B.N.S.S. wherein she has stated

          that she was on talking terms with the petitioner and they were

          in courtship. On the date of occurrence, the petitioner called her

          and on his call, she came out from her house on the pretext of

          easing herself. It is further stated that the petitioner took her to

          Malahi Tola, Nepal and was kept in a house. It is further stated

          by the victim that she was being assaulted by the petitioner. As

          the petitioner came to know that case was lodged, he left the

          victim in an orchard. The victim has also given her statement

          recorded under Section 183 of BNSS wherein she has stated that

          the petitioner has established physical relationship with her by

          force. Learned counsel for the petitioner has submitted that from

          perusal of the statement of the victim under section 180 of

          BNSS, it is clear that it is a case of romantic relationship of

          adolescent. It has further been submitted that section 366A of

          IPC is not attracted as the kidnapping was not for the purpose as

          required under above section. Learned counsel for the petitioner

          has further submitted that from perusal of the medical report of

          the victim, it is clear that the age of the victim is about 16-18

          years. Victim has given two statements during investigation one

          is under Section 180 of B.N.S.S. and another is under Section

          183 of B.N.S.S. The statement of the victim under Section 180
            Patna High Court CR. MISC. No.62529 of 2025(5) dt.06-01-2026
                                                        3/3




                      of the B.N.S.S. is the previous statement and the victim has

                      developed the story of physical intercourse in her statement

                      under Section 183 of B.N.S.S. A statement has been made in

                      para-3 of this petition that the petitioner has got no criminal

                      antecedent. Moreover, he is languishing in judicial custody since

                      19.06.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer

                      of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Dhaka P.S. Case No. 477 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned 6th District and Additional

                      Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East

                      Champaran at Motihari.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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