Patna High Court
Harsu Sah @ Ranjan MadesiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties.
Summary
The petitioner, Harsu Sah, sought bail in a case registered under the P.S. Kateya and POCSO statutes for alleged offences including abduction and various sections of the BNS. The prosecution alleged that the petitioner abducted a minor girl, while the petitioner claimed innocence, asserting that the victim was in a consensual relationship with him. The petitioner had been in custody since 10 May 2025. Counsel for the petitioner argued lack of merit and highlighted the alleged relationship. The court, after hearing, allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties, while clarifying that the order was limited to bail and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner in light of the alleged offences under Sections 137(2), 96, 115(2), 126(2), 351(2), 352 and 3(5) of the BNS and the claim of innocence.
Legislation cited
- BNS — s. 115(2), 126(2), 137(2), 3(5), 351(2), 352, 96
Subjects
- bail
- POCSO
- abduction
- child sexual offence
- relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87757 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Harsu Sah @ Ranjan Madesiya S/O Dukhan Sah Resident of Village -
Hardwa, P.S- Kateya,Dist- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ms. X W/O Vashisth Sah Resident of Village - Harrawa, P.S- Kateya,Dist-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kateya P.S. Case No. 246 of 2025 / POCSO Case No. 67 of
2025 registered for the offence under Sections 137(2), 96,
115(2), 126(2), 351(2), 352, 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have abducted the victim girl.
4. The petitioner is in custody since 10.05.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case. He further submits that from the statement of the
Patna High Court CR. MISC. No.87757 of 2025(3) dt.09-04-2026
2/2
victim, it appears that the petitioner and the victim were in
relationship.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Kateya P.S. Case
No. 246 of 2025 / POCSO Case No. 67 of 2025.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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