Patna High CourtCR. MISC./18555/2026partly allowed disposal

Subodh Kumar Ray @ Subodh Kumar v. The State Of Bihar

2026-04-08Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18555 of 2026 Arising Out of PS. Case No.-458 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Subodh Kumar Ray @ Subodh Kumar S/o Shambhu Ray R/o VillageChakaslem, PS- Shahpur Potori, Distt- Samastipur 2.

Manoj Kumar Ray @ Manoj Kumar S/o Shambhu Ray R/o VillageChakaslem, PS- Shahpur Potori, Distt- Samastipur 3.

Manish Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o VillageChakaslem, PS- Shahpur Potori, Distt- Samastipur 4.

Munna Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o VillageChakaslem, PS- Shahpur Potori, Distt- Samastipur 5.

Digvijay Ray S/o Ramvilash Ray R/o Village- Chakaslem, PS- Shahpur Potori, Distt- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rambabu Yadav For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2026

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 Shahpur Patori Police Station Case No. 458 of 2025, dated 12.11.2025, disclosing offences under Sections 126(2)/115(2)/117(2)/110/74/303(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 11.11.2025 at about 10:00 AM, the petitioners,

2/4 along with other accused persons, total 10 in numbers, started abusing the informant's husband and upon objection being raised, the petitioners assaulted the informant's 13 years old daughter while she was going to school with her father. It has been alleged that the petitioner no. 1 ordered to assault both the informant's husband and daughter, upon which the petitioner no. 5 assaulted with butt of pistol due to which informant's daughter sustained head injury. It has further been alleged that petitioner no. 2, 3 and 4 tore the saree of informant with an intention to outrage her modesty. In the meanwhile, petitioner no. 4 assaulted informant on her cheek by means of brick and petitioner no. 2 also assaulted with brick on chest of informant.

4. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and true story of occurrence has not been narrated in the FIR. The fact of the matter is that children were playing outside their houses and one of the child threw a brick due to which informant's daughter has sustained injury. He next submits that there is previous land dispute between the parties and both the parties are agnates. He

3/4 further submits that informant has not sustained injury, however, injury has been caused to informant's daughter which is attributable to petitioner no. 5.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that there is specific allegation of assault against the petitioner no. 5, namely, Digvijay Ray, who assaulted informant's minor daughter and from perusal of the impugned order, it appears that minor daughter of the informant had remained in ICU for 05 days, I am not inclined to grant anticipatory bail to the petitioner no. 5.

6. This application, in respect of petitioner no. 5, stands dismissed.

7. In so far as the petitioner nos. 1 to 4 are concerned, the allegation against them of outraging the modesty of informant appears to be exaggerated due to scuffle between the parties and the informant has not sustained any apparent injury, accordingly, I am inclined to grant privilege of anticipatory bail to the petitioner nos. 1 to 4.

8. This application, in respect of petitioner nos. 1, 2, 3 and 4, is, accordingly, allowed.

9. Let the petitioner nos. 1, 2 ,3 and 4, above named, in the

4/4 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 Additional Sessions Judge - I, Samastipur, in connection with Shahpur Patori Police Station Case No. 458 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T