Patna High Court
Ramesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner, subject to conditions and the requirement to surrender within four weeks.
Summary
The petitioner, Ramesh Sahni, was implicated in a FIR alleging kidnapping of a 14‑year‑old girl and alleged illicit intercourse/marriage under Sections 363, 366A of the IPC and Section 8 of the POCSO Act. The victim’s statement recorded under Section 164 CrPC stated that she married the petitioner of her own free will and made no incriminating remarks against him. The petitioner sought anticipatory bail, arguing the victim’s statement cleared him of culpability. The State opposed the bail but could not refute the victim’s declaration. The Court, noting the absence of incriminating material in the victim’s statement, granted anticipatory bail, directing the petitioner to surrender within four weeks and to obtain an enlarged bail bond subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the victim’s statement under Section 164 CrPC.
- Whether the allegations under Sections 363, 366A IPC and Section 8 POCSO Act warrant denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- child sexual offence
- POCSO Act
- Section 363 IPC
- Section 366A IPC
- Section 8 POCSO
- Section 164 CrPC
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67708 of 2024
Arising Out of PS. Case No.-127 Year-2023 Thana- NAANPUR District- Sitamarhi
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Ramesh Sahni S/O Late Vilas Sahni @ Late Ram Vilas Sahni R/O Village
-Raipur, P.S.-Nanpur, Dist. -Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Sajjan Sahni S/O Late Saryug Sahni R/O Village- Mohani, P.S-
Nanpur, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Report dated 03.02.2026, through letter No. 65
was placed across the board by learned A.P.P. for the State,
which was taken on the record.
3. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Nanpur P.S. Case
No. 127 of 2023 registered for the offences punishable under
Sections 363, 366A of the Indian Penal Code and Section 8 of
the POCSO Act.
4. As per FIR, minor daughter of the informant aged
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about 14 years was kidnapped by the petitioner alongwith 13
unknown co-accused persons for purpose of illicit
intercourse/marriage with another person.
5. Learned counsel appearing on behalf of the
petitioner submitted that during course of investigation,
statement of victim was recorded on 24.12.2024, where she
categorically stated that she solemnized marriage with the
petitioner out of her own sweet-will. It is pointed out that
nothing incriminating stated against this petitioner through
aforesaid statement of victim. Petitioner claimed clean
antecedent.
6. Learned A.P.P. for the State while opposing the
prayer for anticipatory bail of the petitioner could not disputed
the aforesaid submission as advanced by learned counsel for
the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as nothing incriminating stated against
the petitioner by the victim while recording her statement
under section 164 Cr.P.C., accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
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of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI-cum-
Special Judge (POCSO Act), Sitamarhi/concerned court in
connection with Nanpur P.S. Case No. 127 of 2023, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
8. Presence of Superintendent of Police, Sitamarhi and
Investigating Officer of this case stand dispensed with.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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