Ramesh Sahni Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Ramesh Sahni Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within four weeks from the order, on bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi/concerned court in connection with Nanpur P.S. Case No. 127 of 2023, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) B.N.S.S.; presence of Superintendent of Police, Sitamarhi and the Investigating Officer dispensed with.

Issue for consideration

Whether the accused-petitioner, not named in the FIR and apprehending arrest in connection with Nanpur P.S. Case No. 127 of 2023 (Sections 363, 366A IPC and Section 8 POCSO Act), is entitled to anticipatory bail.

Court's answer

The court took note that nothing incriminating was stated against the petitioner by the victim in her statement recorded under section 164 Cr.P.C., and treated this as the basis for granting the anticipatory-bail prayer.

Ratio / Principle

The petitioner, in the event of his arrest or surrender within four weeks from the order, is directed to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi/concerned court in connection with Nanpur P.S. Case No. 127 of 2023.

Key takeaways

The enlargement on bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.).ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.67708 of 2024, order dated 04-02-2026: accused-petitioner (not named in the FIR) apprehending arrest in Nanpur P.S. Case No. 127 of 2023, registered for offences punishable under Sections 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act, held entitled to bail because nothing incriminating was stated against him in the victim's statement recorded on 24.12.2024 under section 164 Cr.P.C., wherein she stated she solemnized marriage with the petitioner out of her own sweet-will; petitioner to surrender/be arrested within four weeks and be enlarged on bail bond of Rs.10,000/- with two sureties of the like amount each before the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi/concerned court, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) B.N.S.S.; presence of Superintendent of Police, Sitamarhi and Investigating Officer dispensed with.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67708 of 2024

Arising Out of PS. Case No.-127 Year-2023 Thana- NAANPUR District- Sitamarhi

======================================================

Ramesh Sahni S/O Late Vilas Sahni @ Late Ram Vilas Sahni R/O Village -Raipur, P.S.-Nanpur, Dist. -Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

Ram Sajjan Sahni S/O Late Saryug Sahni R/O Village- Mohani, P.SNanpur, Distt.- Sitamarhi.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

5 04-02-2026

Heard learned counsel for the petitioner and learned APP for the State.

Report dated 03.02.2026, through letter No. 65 was placed across the board by learned A.P.P. for the State, which was taken on the record.

The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Nanpur P.S. Case No. 127 of 2023 registered for the offences punishable under Sections 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, minor daughter of the informant aged

Patna High Court CR. MISC. No.67708 of 2024(5) dt.04-02-2026 2/3

about 14 years was kidnapped by the petitioner alongwith 13 unknown co-accused persons for purpose of illicit intercourse/marriage with another person.

Learned counsel appearing on behalf of the petitioner submitted that during course of investigation, statement of victim was recorded on 24.12.2024, where she categorically stated that she solemnized marriage with the petitioner out of her own sweet-will. It is pointed out that nothing incriminating stated against this petitioner through aforesaid statement of victim. Petitioner claimed clean antecedent.

Learned A.P.P. for the State while opposing the prayer for anticipatory bail of the petitioner could not disputed the aforesaid submission as advanced by learned counsel for the petitioner.

In view of the aforesaid factual submissions and by taking note of the fact as nothing incriminating stated against the petitioner by the victim while recording her statement under section 164 Cr.P.C., accordingly, above-named petitioner, in the event of his arrest/surrender within a period

Patna High Court CR. MISC. No.67708 of 2024(5) dt.04-02-2026 3/3

of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO Act), Sitamarhi/concerned court in connection with Nanpur P.S. Case No. 127 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

Presence of Superintendent of Police, Sitamarhi and Investigating Officer of this case stand dispensed with.

(Chandra Shekhar Jha, J)

Rajeev/-

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