Raju Sah @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31584 of 2026 Arising Out of PS. Case No.-17 Year-2023 Thana- MAHILA P.S. District- Madhubani ====================================================== Raju Sah @ Raju Kumar Son of Late Tulsi Sah R/o - J.P Colony, ward No.26, P.S - Town, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Alias Ashok Karn, Adv.
For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 17 of 2023 for the offence punishable under sections 341, 323, 354A, 494, 498A, 379, 504, 506 and 34 of the IPC lodged on 12.05.2023 by the informant.
3. As per the prosecution case, marriage of the informant was solemnized with one Sudhir Sah according to Hindu rites. She lived properly for 2-3 years in her matrimonial home. Thereafter, her husband indulged in illegal selling of liquor. In that course, her Devar, Raju Sah in absence of her husband used to behave indecently and lure her to establish relationship with him. Therefore, she began to live in a rented house with her husband. Other accused persons came to her
2/4 rented house and pressurized her to fetch Rs.2 lacs as dowry from her Maika and due to non-fulfilment of the demand of dowry, the accused persons assaulted and tried to eliminate her.
4. Learned counsel for the petitioner submits that the petitioner is brother-in-law (Dewar) of the informant who lives separately in his house while the informant along with her husband live in a rented house, so the allegation as levelled against him that the petitioner forces her to establish illicit relationship, does not arise. So far as the allegation of taking away the household article from the house of the informant is concerned, no recovery, as such, has been made from the possession of the petitioner or from his house. It has further been submitted that the petitioner has got clean antecedent. The petitioner also undertakes that he will not disturb the informant in future and if it is find so, the anticipatory bail if granted to him may be liable to be cancelled.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the nature of allegation and the fact that the petitioner is living altogether separately in his own house with his mess and business while the informant along with her husband live in a rented house and the petitioner has
3/4 got clean antecedent and considering the undertakings of the petitioner that he will not disturb the informant in future and if it is find so, the anticipatory bail if granted to him, may be liable to be cancelled, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the
4/4 witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U