Patna High Court
Indeshwar Sahani @ Indeshar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Indeshwar Sahani and Chunchun Kumar, sought anticipatory bail after being implicated in a case under Sections 137(2), 87, 96 and 3(5) of the B.N.S., 2023 for allegedly kidnapping a minor girl. They argued that the victim’s statements recorded under Section 164 of the Cr.P.C. and Section 183 of the B.N.S.S. did not support the prosecution and that the informant had fabricated the FIR to avenge an alleged love affair and honor‑killing motive. The State opposed the bail but could not refute the claim that the victim’s statements were unsupportive. The informant’s counsel also failed to counter the petitioners’ contentions. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.5,000 with two sureties and compliance with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR and alleged kidnapping charges
- Whether the victim’s statements under Section 164 Cr.P.C. and Section 183 B.N.S.S. negate the prosecution’s case
Legislation cited
- B.N.S., 2023 — s. 137(2), 3(5), 87, 96
- B.N.S.S. — s. 183, 482(2)
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- anticipatory bail
- false implication
- kidnapping
- honour killing
- B.N.S. 2023
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76015 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
1. Indeshwar Sahani @ Indeshar Sahni S/o Shivnandan Sahni @ Sundara
Sahani Resident of Village- Rani Khaira, P.S.- Minapur, District-
Muzaffarpur,
2. Chunchun Kumar @ Chunchun Sahani @ Chunchun Sahni S/o Amrit Sahni
Resident of Village- Rani Khaira, P.S.- Minapur, District- Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Bhavesh Kumar, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
For the Informant : Mr. Alok Kumar Alok, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 10-03-2026 Heard learned counsel for the petitioners, learned APP
for the State as well as learned counsel appearing on behalf of
the informant.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 137(2), 87,
96 and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 20.07.2025, her minor daughter, aged about 17
years was going to the market when she was kidnapped by the
named accused persons in a four wheeler along with two
unknown accused, on alarm, Shaukhi Sahni, who was acting as
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a liner was apprehended, next alleges that his daughter may be
killed or sold in the brothel.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that the victim was in love
with Rama Kumar, brother-in-law of the petitioners and when
this fact came to the knowledge of the informant, he started
planning to kill the victim in name of honour killing, the victim
on coming to know about the same fled and came to Patna and
thereafter went to Mumbai along with Rama Kumar and married
on 13.06.2024 and on coming to know that an FIR has been
instituted, the victim came back and got her statement recorded
under Section 164 Cr.P.C. wherein she did not support the case
of the prosecution. It is next submitted that again the victim
eloped with Rama Kumar but then informant being aware of the
said fact falsely implicated the petitioners by instituting the
instant FIR. It is next submitted that victim has come back and
her statement was recorded under Section 183 B.N.S.S. wherein
she has not supported the case of the prosecution.
5. The learned APP opposes the anticipatory bail
application but then is not in a position to rebut the submission
of the learned counsel for the petitioners that victim has not
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supported the case of the prosecution in her statement recorded
under Section 183 B.N.S.S.
6. Learned counsel appearing on behalf of the
informant is also not in a position to rebut the said submission.
7. Considering the submissions made by learned
counsel for the petitioners, let petitioners, above named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class (East), Court No.14, Muzaffarpur in
connection with Hathauri P.S. Case No.122 of 2025, subject to
the conditions laid down under Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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