Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court denied bail, holding that the seriousness of the allegations and the presence of a direct statement by the minor warranted the continuation of custody.
Summary
Petitioner Pankaj Kumar Basraj Sahani was arrested on 17 September 2025 in connection with a case alleging kidnapping and sexual assault of a minor, the informant's daughter, under Sections 137(2), 96, 3(5) of the B.N.S. and Section 8 of the POCSO Act. The petitioner claimed a clean antecedent and that the allegations were fabricated, seeking bail. The State opposed bail, relying on the minor's recorded statement under Section 164 of the Criminal Procedure Code and Section 183 of the B.N.S., which alleged abduction and forced sexual intercourse. The Court noted the presence of direct and specific allegations involving a minor and deemed the seriousness of the offences sufficient to deny bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the accused in a case involving kidnapping and sexual assault of a minor under the POCSO Act and related statutes.
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 96
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- sexual assault
- minor
- POCSO Act
- Criminal Procedure Code
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91548 of 2025
Arising Out of PS. Case No.-585 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Pankaj Kumar Basraj Sahani @ Bansraj Sahani @ Vasraj Sahani Resident of
Village - Bardaha, Ward No.- 09, Police Station- Muffasil, District- East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aasha Devi W/O Shri Rambabu Sahani Resident of Village - Bardaha, Ward
No.- 09, Police Station- Muffasil Motihari, District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Karandeep Kumar , learned counsel for
the petitioner and Mr. Mohammed Arif, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
17.09.2025, in connection with Muffasil P.S. Case No. 585 of
2025, F.I.R. dated 10.09.2025 registered for the offences
punishable under Sections 137(2), 96, 3(5) of the B.N.S. and
Section 8 of the POCSO Act.
3. Allegation against the petitioner is that he has
kidnapped the minor daughter of the informant and sexually
assaulted her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91548 of 2025(2) dt.13-01-2026
2/2
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has kidnapped the daughter of the
informant and later on the daughter of the informant has been
recovered and her statement was recorded under Section 164 of
the Cr. P.C./183 of B.N.S., 2023 in which she has categorically
stated that the petitioner has abducted her and he has forcefully
established physical relation with her.
6. Considering the aforesaid facts that there is direct
and specific allegation against the petitioner, I am not inclined
to enlarge the petitioner on bail in connection with Muffasil P.S.
Case No. 585 of 2025 pending in the Court of learned 6th
District & Additional Sessions Judge-cum-Exclusive Special
JUdge, POCSO Act, East Champaran, Motihari.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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