Patna High Court
Munna SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, given the victim’s statement and the petitioner’s circumstances, anticipatory bail is warranted.
Summary
Munna Sah, a 22‑year‑old student, was named in an FIR for offences under the IPC, the POCSO Act and the SC/ST Act after the informant Lalan Paswan alleged his daughter was abducted and assaulted. The petitioner claimed the girl was a consenting adult who left home voluntarily and married him, and that her statement under Section 164 of the CrPC confirmed this. The State contended that the girl was a minor at the time and opposed anticipatory bail. The High Court, noting the victim’s recorded statement, the petitioner’s clean record and his age, granted anticipatory bail subject to strict conditions. The order directs release on bail if arrested within four weeks, with surety requirements and prohibitions on tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under the IPC, POCSO Act and SC/ST Act.
- Whether the victim’s statement under Section 164 negates the claim that she was a minor and was abducted.
- Whether the petitioner is likely to tamper with witnesses or evidence.
Legislation cited
- Indian Penal Code — s. 34, 363, 366(A), 504
- Protection of Children from Sexual Offences Act, 2012 — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- POCSO Act
- SC/ST Act
- kidnapping
- sexual assault
- minor
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66670 of 2025
Arising Out of PS. Case No.-281 Year-2023 Thana- ADAPUR District- East Champaran
======================================================
Munna Sah S/o Late Suresh Sah R/O Village- Bakhari, P.S.- Adapur, District-
East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalan Paswan S/o Rajvanshi Paswan R/o Village- Bakhri, P.S.- Adapur,
District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the State : Mr. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 11-02-2026 Heard Mr. Vishal Prasad, learned counsel for the
petitioner and Mrs. Usha Kumari 1, learned APP representing
the State.
2. The petitioner is apprehending his arrest in
connection with Adapur P.S. Case No. 281 of 2023 registered
for the offence under Sections 363, 366(A), 504 and 34 of the
Indian Penal Code and section 8 of the POCSO Act as also
section 3(1)(r)(s) and 3(2)(va) of the SC/ST Act, lodged on
19.09.2023 by the informant, Lalan Paswan.
3. Earlier the notices were issued to the opposite party
no.2 as per the office report, the same has been served through
family member Kusum Devi.
4. As per the prosecution story, the informant alleged
that his daughter went to the college but failed to return and
expecting the role of the petitioner/family members when the
Patna High Court CR. MISC. No.66670 of 2025(4) dt.11-02-2026
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family was confronted, was abused. This followed the F.I.R..
5. Learned counsel for the petitioner submits that
actually they were in relationship, the girl was major at the time
she on her own left the home, solemnized marriage with the
petitioner but the parents lodged the F.I.R.. He has taken this
Court to the learned Sessions Judge order to show that in her
statement under section 164 of the Cr.P.C., the girl accepted this
fact that she went on her own and solemnized marriage with the
petitioner.
6. Learned APP opposes the prayer submitting that
the girl was minor at the time she was taken away.
7. Considering the submissions of the parties
particularly the statement of the victim girl before the court as
recorded above couple with the fact that the petitioner is 22
years of age, student having no criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned 7th District & Additional Sessions Judge-
Patna High Court CR. MISC. No.66670 of 2025(4) dt.11-02-2026
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cum-Special Judge, POCSO Act, East Champaran, Motihari, in
connection with Adapur P.S. Case No. 281 of 2023 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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