Raj Kishore Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51252 of 2025 Arising Out of PS. Case No.-138 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raj Kishore Sahni ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Adv For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Runni Saidpur P.S. Case No. 138 of 2022 registered for the offence under Sections 363, 366(A), 376 and 34 of the I.P.C., Section 4 and 6 of the POCSO Act and Section 9 and 11 of the Child Marriage Act.
3. The petitioner is named in the F.I.R. and is in custody since 26.05.2025.
4. The allegation against the petitioner is to kidnap the minor daughter of informant aged about 15 years for the purpose of illicit intercourse/marriage with another person.
5. Learned counsel appearing on behalf of the petitioner submitted that after recovery statement of victim was recorded on
Patna High Court CR. MISC. No.51252 of 2025(4) dt.13-11-2025 2/3 12.04.2022 the date on which she claimed her age as 19 years. It is submitted that victim through her statement as recorded under Section 183 of the BNSS completely denied the allegation of kidnapping and sexual assault rather she stated that out of her own sweet will she solemnized marriage with this petitioner and living happily with him. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail could not disputed aforesaid factual submission.
7. In view of aforesaid factual submission and by taking note of fact as victim herself denied the allegation of kidnapping and sexual assault as alleged, coupled with fact as investigation of this case is already completed, where petitioner remains in custody since 26.05.2025, accordingly petitioner above named, is directed to be released on bail in connection with Runni Saidpur P.S. Case No. 138 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IV-cum-Exclusive Special Judge, (Rape
Patna High Court CR. MISC. No.51252 of 2025(4) dt.13-11-2025 3/3 and POCSO), Sitamarhi/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T