Patna High Court
Sanjay Kumar @ Sanjay SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant it in view of the direct allegations of kidnapping and rape.
Summary
The petitioners, Sanjay Kumar and Ajay Kumar, were accused in a 2023 case of kidnapping and raping a minor, invoking Sections 363 and 366A of the Indian Penal Code and Section 8 of the POCSO Act. They filed an application for anticipatory bail, fearing arrest. The court examined the victim's statement recorded under Section 164 of the CrPC, which directly implicated the petitioners in the alleged offences. Considering the seriousness of the allegations, the court declined to grant anticipatory bail. The petitioners were ordered to surrender within four weeks to seek regular bail, with a warning that failure to do so would lead to their arrest. The order was limited to the anticipatory bail application and does not prejudice future proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of kidnapping and rape under IPC and POCSO provisions.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- rape
- POCSO
- Criminal Procedure Code
- Indian Penal Code
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74192 of 2025
Arising Out of PS. Case No.-280 Year-2023 Thana- RAJEPUR District- East Champaran
======================================================
1. Sanjay Kumar @ Sanjay Sahani S/O Late Ramdeni Sahani @ Vinay Sahni
R/O Vill.- Meghua, P.S.- Rajepur, Dist.- East Champaran (Bihar)
2. Ajay Kumar @ Ajay Sahani S/O Late Ramdeni Sahani @ Vinay Sahni R/O
Village - Meghua, P.S.- Rajepur, District - East Champaran (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Sita Devi W/O Yugeshwar Sahni R/O Vill.- Meghua, P.S.- Rajepur, Dist.-
East Champaran (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari,adv
Mr. Mohan Kumar Tiwari, Advocate
Mr. Ujjawal Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Rajepur P.S. Case No. 280 of 2023 registered for offences under
Sections 363, 366A of the Indian Penal Code and Section 8 of
the POCSO Act.
3. As per the prosecution case, the petitioners are
accused of committing rape with the victim.
4. From the perusal of the statement of the victim girl
recorded under Section 164 Cr.P.C., it appears that petitioner no.
1, Sanjay Kumar @ Sanjay Sahni along with Petitioner No. 2,
Patna High Court CR. MISC. No.74192 of 2025(4) dt.13-03-2026
2/2
Ajay Kumar @ Ajay Sahni had kidnapped the victim and
committed rape with her.
5. Considering the direct allegation against the
petitioners, this court is not inclined to grant the privilege of
anticipatory bail to the petitioners.
6. Accordingly, this application for anticipatory bail is
rejected.
7. The petitioners are directed to surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, failing which the Superintendent of
Police, East Champaran, Motihari will take all steps for the
arrest of the petitioners.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
9. Let a copy of this order be communicated to the
Principal District & Sessions Judge, East Champaran, Motihari
through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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