Patna High Court
Kishore Sahani @ Kishore KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court disposed of the bail application, directing verification of the victim’s statement and conditionally granting pre‑arrest bail if the statement supports the petitioner, subject to bond, sureties and compliance with CrPC §§438(2) and 482(2).
Summary
The petitioner, Kishore Sahani, was arrested in connection with a case alleging kidnapping of a minor girl with intent to marry her, under IPC sections 366(A) and 34 and Section 8 of the POCSO Act. The victim’s statement recorded under Section 183 of the Bihar Non‑Cognizable Sub‑Section (BNSS) claims she is now a major, eloped voluntarily, and married the petitioner. The petitioner sought pre‑arrest bail, asserting innocence, while the State opposed the relief. The High Court directed the District Court to verify the victim’s statement and, if it confirms the relationship and lack of support for the prosecution, to release the petitioner on pre‑arrest bail upon surrender within four weeks, with a bail bond of Rs 10,000 and two sureties, subject to CrPC §§438(2) and 482(2). The Court also ordered verification of any prior criminal antecedents, stating the bail order would lapse if such antecedents are found. Consequently, the bail application was disposed, pending the verification process.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations under IPC 366(A), 34 and POCSO Act Section 8.
- Whether the victim’s statement under Section 183 BNSS, indicating a consensual relationship, negates the prosecution’s case.
- Whether the petitioner’s criminal antecedents, if any, affect the grant of bail.
Legislation cited
- Bihar Non‑Cognizable Sub‑Section (BNSS) — s. 183
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- pre‑arrest bail
- kidnapping
- child marriage
- POCSO Act
- IPC 366A
- victim statement verification
- conditional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91465 of 2025
Arising Out of PS. Case No.-412 Year-2022 Thana- RAMGARHWA District- East
Champaran
======================================================
Kishore Sahani @ Kishore Kumar Son of Laxman Sahani @ Lachuman Sahni
Resident of Village- Mangalpur Nayaka Tola, P.S.- Mohammad Nagar,
District- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident of Village- Nandlali, P.S.- Ramgarhwa, District- East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate.
For the Opposite Party/s : Mr.Choubey Jawahar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 17-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ramgarhwa P.S. Case No. 412 of 2022 registered for the
offence(s) punishable under Section 366(A)/34 of the Indian
Penal Code and Section 8 of the POCSO Act.
3. As per the allegation made in the FIR, petitioner
had kidnapped the minor daughter of the informant with an
intention to marry with her.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. The victim in her statement
Patna High Court CR. MISC. No.91465 of 2025(7) dt.17-06-2026
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recorded under Section 183 BNSS has stated that she is major
and on her free will eloped with the petitioner and solemnized
marriage with him and since then both are living together. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR, learned District Court is directed to verify the statement of
the victim recorded under Section 183 of the BNSS and if it is
found that she has admitted the relationship with the petitioner
and has not supported the prosecution story, then in that case,
the petitioner is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned 7th District Additional
Sessions Judge cum Special Judge, POCSO Act, Motihari, East
Champaran in connection with Ramgarhwa P.S. Case No. 412 of
2022, subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
Patna High Court CR. MISC. No.91465 of 2025(7) dt.17-06-2026
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7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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