Patna High Court
Sahabuddin @ Sahabuddin KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sahabuddin Khan, was arrested in connection with an alleged offence under Section 87 of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The victim, an 18‑year‑old daughter of the informant, disappeared after visiting a hospital and later gave a statement under Sections 180 and 183 of the B.N.S., alleging that she had married the petitioner, lived with him, and became pregnant. The petitioner pleaded innocence and argued that the victim’s statement was akin to a voluntary declaration, that the victim’s parents had accepted the marriage, and that he had no prior criminal record. The State opposed the bail application, citing the seriousness of the offences. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties and the condition that a family member of the victim act as bailor.
Issues considered
- Whether bail can be granted in a case involving offences under Section 87 of the B.N.S. and Sections 4/6 of the POCSO Act.
- Whether the victim’s statements under Sections 180 and 183 of the B.N.S. affect the bail decision.
- Whether the age of the victim and alleged consent impact the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 180, 183, 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- POCSO Act
- Section 87 B.N.S.
- minor sexual offence
- victim statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76409 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- BANKA District- Banka
======================================================
Sahabuddin @ Sahabuddin Khan S/o Barsati R/o village- Hajipurwa Kalan,
Police Station- Harij, District- Balrampur, Uttar Pradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amrit Das S/o Late Kameshwar Das R/o Vill- Vijaynagar, P.S.- Banka,
Distt- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 87 of
B.N.S. and Sections 4/6 of the POCSO Act.
3. The case of the prosecution is that informant’s
daughter aged about went to Banka Sadar Hospital for fetching
medicines for her mother. Later, her mother told her to go to
home then she left the hospital but she did not reach home.
During course of investigation, the victim was recovered and
she has given her statement under Section 180 and 183 of
B.N.S.S. wherein she has stated that she went without disclosing
Patna High Court CR. MISC. No.76409 of 2025(3) dt.19-01-2026
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it to her mother with this petitioner to Pune. She was on talking
terms through facebook with the petitioner. She has further
stated that she has solemnized marriage with the petitioner in a
temple and started living in a room. They also had physical
relation and she got pregnant out of that relation.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
order of the learned trial court, it is clear that the statement
which the victim has given under Section 183 of B.N.S.S. is
similar to that of Section 180 of B.N.S.S. as discussed above.
Learned counsel for the petitioner has submitted that the parents
of the victim has accepted the marriage and it has also been
brought to the notice that from perusal of the affidavit which has
been filed with this bail petition, it is clear that one Rakesh Das
has filed affidavit supporting this petition who is son of the
informant. Learned counsel for the petitioner has also submitted
that from perusal of the FIR, it is clear that the victim was aged
about 18 years and the petitioner and the victim were in
relationship. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
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3/3
05.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Banka P.S. Case No. 149 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-6-
cum-Special Judge, POCSO, Banka with a condition that one
of the family members of the victim will be bailor of the
petitioner.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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