Kanhaiya Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30534 of 2026 Arising Out of PS. Case No.-263 Year-2025 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.
Kanhaiya Sahani S/O Shankar Sahani Resident of Village- Madhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj 2.
Basanti Devi W/o Kanhaiya Sahani Resident of Village- Madhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj 3.
Tuntun Sahani S/o - Kanahiya Sahani, Resident of Village- Madhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj 4.
Neha Kumari @ Neha Devi W/o - Tuntun Sahani Resident of VillageMadhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj 5.
Ranju Kumari D/o -Kanhaiya Sahani Resident of Village- Madhopur Turkahan, P.S - Mahammadpur, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sandesh Roy For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Mahammadpur Police Station Case No. 263 of 2025, dated 21.11.2025, disclosing offences under Sections 87 of the Bhartiya Nyaya Sanhita.
3. The prosecution story, in brief, is that on 16.11.2025, the entire family members of the informant went to sleep after taking dinner. When they woke up in the morning, the informant found that her daughter was missing. Thereafter, the informant, along with her family
2/4 members, started searching for her daughter and in course thereof, they arrived at the house of the petitioners, who abused the informant and her family members and told them that they had kidnapped her daughter and that the informant could do whatever she wanted.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case merely because they happen to be the family members of co-accused Ravi Ranjan Sahani @ Hira Sahani, with whom the informant's daughter was having love relationship. Learned counsel next submits that the victim girl has voluntarily returned back and in her statement, recorded during the course of investigation under Section 180 of the Bhartiya Nagrik Suraksha Sanhita before police, she has clearly stated that on 17.11.2025, she voluntarily left her house and went to Hajipur, where she stayed with co-accused Ravi Ranjan Sahani and also solemnized marriage with him. He further submits that the statement of the victim girl was also recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita, which would be apparent from the investigation report.
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5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the victim girl has been recovered and in her statement, recorded under Section 180 of the Bhartiya Nagrik Suraksha Sanhita, she has stated that she left her house voluntarily and stayed with co-accused Ravi Ranjan Sahani and solemnized marriage with him and the petitioners are family members of co-accused, I am inclined to grant the petitioners the privilege of anticipatory bail.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that , I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Mahammadpur Police Station Case No. 263 of 2025,
4/4 subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T