Shahnawaj Darji @ Sahanbaj Dargi @ Mh. Sahanwaj… — Child Sexual Offences (POCSO) | Patna HC (2026)

Shahnawaj Darji @ Sahanbaj Dargi @ Mh. Sahanwaj… — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, the petitioner, if so advised, may surrender before the learned District Court and seek regular bail, which the District Court is directed to consider preferably on the same day on the basis of materials collected in course of investigation, giving due regard to the observations in Vijayalakshmi (2021) SCC OnLine Mad 317.

Issue for consideration

Whether the petitioner, arraigned in Runnisaidpur P.S. Case No. 402 of 2023 (Sections 363, 366(A), 34 IPC) for allegedly kidnapping the informant's minor daughter with wrongful intent to sell her, deserves pre-arrest bail.

Court's answer

Pre-arrest bail refused: on perusing the victim's Section 164 Cr.P.C. statement, and noting that the petitioner (aged about 20 years) is alleged to have kidnapped the victim with the intention of selling her and compelling her into the illicit flesh trade, that he is of another religion, that the victim was never in relationship with him, and that he has one criminal antecedent under the POCSO Act, the court was not inclined to grant pre-arrest bail.

Ratio / Principle

The petitioner was permitted to surrender before the learned District Court and seek regular bail; the District Court was directed to consider the bail application, preferably on the same day on the basis of materials collected in course of investigation, giving due regard to the observations in Vijayalakshmi (Madras High Court).

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 60932 of 2025, decided 11-02-2026 (Purnendu Singh, J.). Pre-arrest bail sought in Runnisaidpur P.S. Case No. 402 of 2023 (Sections 363, 366(A), 34 IPC), arising from an FIR alleging that the petitioner and other named accused kidnapped the informant's minor daughter with wrongful intent to sell her. Perusing the victim's statement recorded under Section 164 Cr.P.C. (corresponding to Section 183 BNSS), the court noted that the petitioner, aged about 20 years, is alleged to have kidnapped the victim with the intention of selling her and compelling her into the illicit flesh trade; that he is of another religion; that the victim was never in a relationship with him; and that he has one criminal antecedent under the POCSO Act, in which he is on bail. Pre-arrest bail was accordingly refused. The petitioner was, however, permitted to surrender before the learned District Court and seek regular bail, the District Court being directed to consider the application, preferably on the same day on the basis of materials collected in course of investigation, giving due regard to the observations in Vijayalakshmi & Anr vs. State Rep. by the Inspector of Police & Anr, (2021) SCC OnLine Mad 317 (Madras High Court). Bail application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60932 of 2025

Arising Out of PS. Case No.-402 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi

====================================================== Shahnawaj Darji @ Sahanbaj Dargi @ Mh. Sahanwaj @ Sahanwaj Darji @ Md. Shahnawaj Darji, aged about 20 years, Son of Md. Ansari Darji @ Ansari Darji R/o Village- Baligarh, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Diwakar, Advocate For the Opposite Party/s : Mr.Rajendra Singh, APP For the informant : Mr. Sita Ram Prasad, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

3 11-02-2026

Heard Mr. Diwakar, learned counsel appearing on

behalf of the petitioner and Mr. Rajendra Singh, learned APP for the State and Mr. Sita Ram Prasad, learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Runnisaidpur P.S. Case No. 402 of 2023 registered for the offence(s) punishable under Sections 363,366(A),34, of the IPC.

As per the allegation made in the FIR, accused persons named therein including the petitioner are said to have kidnapped the minor daughter of the informant with wrongful intent to sell her.

Patna High Court CR. MISC. No.60932 of 2025(3) dt.11-02-2026 2/3

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has one criminal antecedent, in which he is on bail.

Learned counsel appearing on behalf of the informant and learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He submitted that petitioner has one criminal antecedent and too under POCSO Act. The role of the petitioner in the alleged offence cannot be denied and as such, petitioner don’t deserve to be released on pre-arrest bail.

I have perused the statement of the victim recorded under Section 164 Cr.P.C. corresponding to Section 183 BNSS, The petitioner is aged about 20 years and allegation against him is that he kidnapped the victim with the intention of selling her and compelling her into the illicit flesh trade. It is also clear from the allegation that the petitioner is of another religion and statement of the victim reveals that she was never in relationship with the petitioner. Petitioner has one criminal antecedent under POCSO Act. In view of above, I am not inclined to grant prearrest bail to the petitioner.

However, the petitioner, if so advised, may

Patna High Court CR. MISC. No.60932 of 2025(3) dt.11-02-2026 3/3

surrender before the learned District Court and seek regular bail, who has just emerged as an adult. In that case, the learned District Court is directed to consider the bail application of the petitioner giving due regard to the observation made in the case of Vijayalakshmi & Anr . vs . State Rep . by the Inspector of Police & Anr . reported in ( 2021 ) SCC OnLine Mad 317 by Madras High Court, preferably on the same day on the basis of materials collected in course of investigation.

The bail application stands disposed of.

(Purnendu Singh, J)

Sanjay/-

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