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Patna High Court

Kishore Sahani @ Kishore KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  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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