Patna High Court
Chanma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, members of the Sahni family, sought anticipatory bail after being implicated in a case alleging the kidnapping of a minor and forced marriage to co-accused Birbal Sahni. The prosecution alleged that the petitioners entered the informant's house, abducted her daughter and married her off, violating sections of the Bharatiya Nyaya Sanhita and the POCSO Act. The petitioners contended they were innocent, asserting that the victim’s statement recorded under Section 183 of the BNSS denied any kidnapping. The court considered the victim’s statement and the petitioners’ clean antecedents, and consequently granted anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious allegations under the BNSS and POCSO Act
- Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 183, 3(5), 96
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- anticipatory bail
- kidnapping
- forced marriage
- POCSO
- victim statement
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83515 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- Kathara District- Vaishali
======================================================
1. Chanma Devi W/O Ramchandra Sahni Resident of Village - Imadpur, P.S.-
Bhagwanpur, District - Vaishali.
2. Jayamala Devi D/O Ramchandra Sahni Resident of Village - Imadpur, P.S.-
Bhagwanpur, District - Vaishali.
3. Rangeela Devi@ Rangeela Kumari D/O Ramchandra Sahni Resident of
Village - Imadpur, P.S.- Bhagwanpur, District - Vaishali.
4. Ramchandra Sahni S/O Late Kailash Sahni Resident of Village - Imadpur,
P.S.- Bhagwanpur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Devi W/O Bhim Sahni R/O - Gudmiya, P.S- kartaha, Dist.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 115(2), 126(2), 137(2),
96, 3(5) of the Bharatiya Nyaya Sanhita and Section 12 of the
Protection of Children from Sexual Offences Act.
3. As per prosecution case, informant Sarita Devi
alleged that on 7.7.2025 at about 7 PM, all the F.I.R. named
accused persons, including these petitioners, arrived at the house
of informant and asked for a glass of water and when informant
Patna High Court CR. MISC. No.83515 of 2025(3) dt.20-02-2026
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went to fetch, the accused persons kidnapped her minor
daughter and forcibly solemnized her marriage with co-accused
Birbal Sahni. It is further alleged that the accused persons later
on, left the daughter of informant at Gurminya Chowk.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners have been made accused in this case merely because
they are family members of co-accused Birbal Sahni. The
victim, during investigation, was recovered and in her statement
recorded under Section 183 BNSS, denied the factum of
kidnapping and has categorically stated that no one kidnapped
her. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim, recorded
under Section 183 BNSS, this anticipatory bail is allowed and it
is ordered that let the above named petitioners in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned District &
Patna High Court CR. MISC. No.83515 of 2025(3) dt.20-02-2026
3/3
Additional Sessions Judge VI-cum-Special Judge POCSO,
Vaishali at Hajipur in connection with Kartaha P. S. Case No. 88
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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