Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19280 of 2025 Arising Out of PS. Case No.-846 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Santosh Rai S/O Chandeshwar Rai R/O Village- Marar, P.S- Riga, Distt.- Sitamarhi-843302.

2.

Ram Naresh Rai @ Ram Naresh Yadav S/O Late Shankar Rai R/O VillageMarar, P.S- Riga, Distt.- Sitamarhi-843302. 3.

Radha Krishna Kumar @ Radhe Rai S/O Ram Naresh Rai R/O VillageMarar, P.S- Riga, Distt.- Sitamarhi-843302. 4.

Ramkishore Rai @ Ramkishore Yadav S/O Late Fekan Rai R/O VillageMarar, P.S- Riga, Distt.- Sitamarhi-843302. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandani Kumari D/O- Pulindar Rai R/O- Marar P.S- Riga Dist- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arya Achint, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP Mr. Birendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners, learned counsel for the opposite party No.2 /complainant and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Complaint Case No. 846 of 2020, instituted under Sections 323,341, 379, 354 and 504 of the Indian Penal Code.

3. The prosecution case, in short, is that on 08.10.2020, while the complainant was washing utensils at a water pump at her residence, the petitioners came and started

Patna High Court CR. MISC. No.19280 of 2025(4) dt.02-07-2025 2/3 abusing her. It is alleged that, on the order of co-accused Chandeshwar Rai, the others forcibly took her away. It is further alleged that co-accused Omprakash Rai dragged her by catching her hair and tore her clothes. The complainant first received treatment at Sadar Hospital, Sitamarhi, and was later treated at a private hospital.

4.Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. There is no specific allegation against them; rather, the allegations are general and omnibus in nature. It is submitted that both parties are neighbours and that the dispute arises out of a land dispute between them. It is further submitted that the petitioners had no knowledge of the present case lodged by the complainant. The petitioners have no criminal antecedents.

5.Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.19280 of 2025(4) dt.02-07-2025 3/3 two sureties of the like amount each to the satisfaction of the learned JM 1st class, Sitamarhi, in Complaint Case No. 846 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T