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Patna High Court

Nand Lal Sahni @ Nand Lal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail as the allegations under the POCSO Act are not substantiated and the victim’s statement indicates voluntary accompaniment.

Summary

The petitioner, Nand Lal Sahni, was charged with kidnapping the minor daughter of an informant under sections 96, 137(2) and 3(5) of the BNS. The victim was later recovered and, under Section 183 of the BNSS, gave a statement that she went to Delhi with the petitioner of her own free will and did not allege any assault, leading the petitioner to argue that the POCSO provisions were not applicable. The State and the informant opposed bail, contending that the victim was a 15‑year‑old minor based on a school leaving certificate showing a birth date of 01‑01‑2010. The petitioner countered that age must be determined under Section 94 of the JJ Act, 2015, and that the certificate was not conclusive. After hearing both sides, the court held that the lack of any assault allegation and the victim’s voluntary statement outweighed the objections, and therefore granted regular bail on condition of a bond. The petitioner was ordered to be released on bail upon furnishing a Rs 10,000 bond with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite allegations of kidnapping a minor under the BNS and POCSO statutes.
  • Whether the victim’s age and alleged consent affect the applicability of the POCSO Act and the grant of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO Act
  • consent
  • age determination
  • JJ Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91901 of 2025
                 Arising Out of PS. Case No.-496 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Nand Lal Sahni @ Nand Lal Kumar S/o Hari Lal Sahni R/o village -
                 Majhariya Shaikh Ward No. 2, P.S - Majhauliya, District - West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    X W/o Jokhu Sahni R/o Village - Lalsaraiya Malahi Tola Ward No. 09, P.S -
                 Majhauliya, District - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, APP
                 For the Informant        :      Mr. Niraj Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   26-03-2026                       Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 96, 137(2)

                   and 3(5) of BNS.

                                3. The case of the prosecution is that the minor

                   daughter of the informant was kidnapped by this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of

                   investigation, the victim was recovered and she has given her

                   statement recorded under Section 183 of BNSS wherein she has
Patna High Court CR. MISC. No.91901 of 2025(3) dt.26-03-2026
                                            2/3




          categorically stated that she has gone to Delhi with the

          petitioner with her own sweet will. She has not alleged any kind

          of assault against the petitioner and in view of the statement of

          the victim, the allegation under Sections 4/6 of the POCSO Act

          is not made out. A statement has been made in para-3 of this

          petition that the petitioner has got no criminal antecedent.

          Moreover, the petitioner is languishing in judicial custody since

          09.09.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail. Learned counsel for the informant has submitted

          that the victim is aged about 15 years and it has been submitted

          that during course of investigation, school leaving certificate has

          been filed by the I.O. which goes to show that the date of birth

          of the victim is 01.01.2010.

                       6. Countering this, learned counsel for the petitioner

          has submitted that age of the victim has to be done in view of

          Section 94 of J.J. Act, 2015 and the school leaving certificate is

          not a document of her age in view of above provision.

          Moreover, the victim has gone with the petitioner with her own

          will.

                       7. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.91901 of 2025(3) dt.26-03-2026
                                                        3/3




                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Majahuliya P.S. Case No. 496 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Special Judge,

                      POCSO cum D.A.S.J-VI, West Champaran at Bettiah.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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