Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38277 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Santosh Sahni S/o Late Nathuni Sahni @ Nathuni Sahni R/o - Dhobopur, Hathauri, P.S - Hayaghat, District - Darbhanga, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi W/o Santosh Das R/o vill - Dhobopur, Bansara, P.S. - Hayaghat, Distt.- Darbhanga, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the State :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-01-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Hayaghat P.S. Case No. 14 of 2024, registered for the offences punishable under Sections 376, 511 of the IPC and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution story, the petitioner allured the informant's minor daughter. It is alleged that he took her in his house, threatened her using knife and used vulgar language. Upon hearing victim's scream, a neighbor intervened and found the child in objectionable, semi nude state.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38277 of 2025(5) dt.06-01-2026 2/3 this case. He has further submitted that there is previous enmity between the parties. Devar of the informant has lodged Hayaghat P.S. Case No. 177 of 2023 against the petitioner and his family members in which the police has submitted final form which was accepted by the Judicial Magistrate and the case was dropped. Thereafter, with intention to falsely implicate the petitioner, the present case has been lodged. It has further been submitted that statement of the victim has been recorded under Section 164 of the Cr.P.C., in which she has stated that the petitioner made her naked but she did not allege any kind of physical misdeed against the petitioner. Learned counsel has also submitted that the petitioner is a person of clean antecedent and is in custody since 17.02.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances and prolonged period of incarceration, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Court), Darbhanga in connection with Hayaghat

Patna High Court CR. MISC. No.38277 of 2025(5) dt.06-01-2026 3/3 P.S. Case No. 14 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T