Kanhai Sah @ Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24770 of 2026 Arising Out of PS. Case No.-149 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Kanhai Sah @ Krishan Kumar Son of Late Tuntun Sah Resident of Village - Chaumukh, Lalbanna, P.S. - Bochaha, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ Son of Late Jogi Ram R/o Village - Unsar Bahapur, Ward no. 08, P.S. - Bochaha, Dist. - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 366-A of IPC.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.

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 from perusal of the FIR, it is clear that this occurrence is of 24.04.2024 whereas the FIR was lodged on 30.06.2024 after more than

Patna High Court CR. MISC. No.24770 of 2026(2) dt.16-04-2026 2/3 two months. The delay is not explained. Learned counsel has further submitted that during course of trial, the victim has been examined as PW-1 and she has stated in her examinationin-chief that she has fled to Punjab and has married to this petitioner with her own will. In her cross-examination by the court, she has stated that she was having affair with the petitioner and has told the petitioner to take her away to which he denied. Learned counsel has submitted that the statement of the victim before trial court is that she herself has gone to Punjab and this statement clearly shows that offence under Section 366A of IPC is not made out. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.11.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and 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 Rosera P.S. Case No. 149 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.24770 of 2026(2) dt.16-04-2026 3/3 each to the satisfaction of learned Additional Sessions JudgeVI-cum-Special Court (POCSO), Samasitpur. (Ashok Kumar Pandey, J) shubham/- U T