Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39725 of 2025 Arising Out of PS. Case No.-201 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Santosh Kumar, S/O Tej Narayan Mehta, R/O Vill.- Simri, Ward no. 3, P.S.- Bhaptiyahi, Dist.- Supaul, ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Subhan, S/O Late Mohim Miya, R/O Vill.- Chhithai Palar, Ward no. 3, P.S.- Bhaptiyahi, Dist.- Supaul, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025 Heard Mr. Pramod Mishra, learned counsel for the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bhaptiyahi P.S. Case No. 201 of 2023 dated 29.11.2023 registered for the offences punishable under sections 366A, 341, 323 and 504 read with section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the victim herself turned up before the police and got her statement recorded before the Judicial Magistrate in which she has not supported the allegations levelled in the FIR
Patna High Court CR. MISC. No.39725 of 2025(3) dt.03-09-2025 2/2 and accepted her love affair with this petitioner as well as her marital relationship with him.
4. Learned APP appearing for the State has no objection to the petitioner's prayer.
5. Considering the aforesaid submissions and mainly the victim's statement recorded by her before the Judicial Magistrate, which goes against the prosecution's allegations, in my opinion, it is a fit case to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bhaptiyahi P.S. Case No. 201 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J) annu/- U T