Patna High Court
Chandan Sah @ Chandan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The anticipatory bail petition is dismissed as the victim’s statement under Section 183 sufficiently implicates the petitioner in the alleged offences.
Summary
The petitioner, Chandan Sah, was named in an FIR for allegedly kidnapping and raping a 14‑year‑old girl, offences charged under Sections 65 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 4 of the POCSO Act. The petitioner sought anticipatory bail, arguing that the medical examination showed no injuries, the victim’s statement was recorded after six days under parental influence, and the FIR lacked a specific rape allegation against him. The State contended that the victim’s statement recorded under Section 183 of the BNSS expressly named the petitioner and a co‑accused as having committed penetrative sexual assault. The Court examined the victim’s statement under Section 183 and found it sufficient to link the petitioner to the alleged crime. Consequently, the Court rejected the anticipatory bail application, holding that the petitioner must face trial on the serious charges.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the victim’s statement under Section 183 implicating him.
- Whether the absence of medical injuries and alleged procedural lapses in recording the statement affect the bail decision.
- Whether the FIR and the victim’s statement provide sufficient grounds to deny anticipatory bail under the POCSO Act and the Bihar Narcotic Substances Act.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- rape
- minor
- POCSO Act
- Section 183
- bail jurisprudence
- evidentiary standards
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70200 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Chandan Sah @ Chandan Kumar Sah S/o Dukhan Sah R/o Village-
Kumhari,Ward No. 6, P.S.- Kadwa, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sagri Devi W/O Jotin Mandal R/V - Anarkol, ward no. 11, P.S.- Dagarua,
Dist- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 11-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dagarua P.S.
Case No. 173/2025, registered for the offence under
Sections 65, 3(5) of the BNS, 2023 and Section 4 of the
POCSO Act.
3. The allegation against the petitioner is to
kidnap the minor daughter of the informant aged about
14 years alongwith co-accused persons and thereafter to
commit penetrative sexual assault/ rape upon her.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.70200 of 2025(3) dt.11-02-2026
2/3
on behalf of the petitioner that upon medical examination
no sign of sexual assault/ injury was noted upon victim. It
is pointed out that the victim was in actual found between
the age group of 14-17 years. It is submitted that out of
acquaintance victim visited Patna with this petitioner,
from where she returned after couple of days but due to
oblique motive, the mother of the victim lodged present
criminal case against the petitioner without any cogent
material. It is submitted that statement under Section
183 of BNSS was recorded under influence of the parents
as even the FIR lodged after the six days of the alleged
occurrence.
5. Arguing further, it is submitted that FIR is
based upon information supplied by victim to her parents/
informant but no allegation as to commit rape is available
against this petitioner rather same is specific against co-
accused namely, Chhotu Mehta @ Chhotu Mehta. While
concluding arguments, it is submitted that petitioner is a
man of clean antecedent.
Patna High Court CR. MISC. No.70200 of 2025(3) dt.11-02-2026
3/3
6. Learned APP while opposing the prayer of bail
submitted that while recording statement under Section
183 of BNSS, victim categorically named this petitioner
alongwith Chhotu Mehta as to commit penetrative sexual
assault/ rape upon her.
7. Let it be so, considering the statement of
victim recorded under Section 183 of BNSS, where she
categorically stated that this petitioner alongwith Chhotu
Mehta @ Chhotu Mehta committed penetrative sexual
assault/ rape upon her, accordingly, the prayer for
anticipatory bail of this petitioner stands rejected.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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