Radha Kant Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9230 of 2025 Arising Out of PS. Case No.-23 Year-2022 Thana- MAHILA P.S. District- Saharsa ====================================================== 1.
Radha Kant Roy Son of Late Devanarayan Roy Resident of Village and Post Office - Khajuri, Ward No.11, P.S. - Bakhtiyarpur, District - Saharsa 2.
Neeraj Kumar @ Niraj Kumar Singh Son of Sri Radha Kant Roy Resident of Village and Post Office - Khajuri, Ward No.11, P.S. - Bakhtiyarpur, District - Saharsa 3.
Praveen Kumar @ Praveen Kumar Singh Son of Sri Radha Kant Roy Resident of Village and Post Office - Khajuri, Ward No.11, P.S. - Bakhtiyarpur, District - Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari Wife of Sri Diwakar Kumar Resident of Village and Post Office - Khajuri, Ward No.11, P.S. - Bakhtiyarpur, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Akash Anand, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 354B, 457, 323, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, allegation against these petitioners is of abusing and outraging the modesty of informant/Opposite Party No. 2 and also snatching jewelry from her neck.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.9230 of 2025(2) dt.22-03-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioner No. 1 is father-in-law and Petitioner Nos. 2 and 3 are brother-in-laws of informant/Opposite Party No. 2. As a matter of fact, Opposite Party No. 2 had earlier filed a complaint case bearing Complaint Case No. 747-C of 2021 for the offences punishable under Sections 323, 307, 498A, 406 and 34 of the Indian Penal Code in which these petitioners were granted anticipatory bail and thereafter, this case has been lodged only with a view to harass and humiliate these petitioners due to family dispute. It is further submitted that the present F.I.R. has been lodged after inordinate delay of 11 days and there is no plausible explanation for the same.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the backdrop of the case, relationship between the parties and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.9230 of 2025(2) dt.22-03-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saharsa in connection with Mahila P.S. Case No. 23 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T