Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53880 of 2025 Arising Out of PS. Case No.-409 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Deepak Kumar Son of Shatrughan Purbey Resident of Ashok Nagar, Road No.- 8 A, Police Station - Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Pravin Kumar Verma, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. It is alleged that on 11.05.2025 at about 9 AM, when informant was alone in her room, co-accused Shatrughan Purbey, who is father-in-law of the informant, entered in her room and tried to commit rape with her and when informant protested, her mother-in-law and this petitioner, who is brotherin-law of the informant, assaulted and tried to kill her by pressing her neck.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter

Patna High Court CR. MISC. No.53880 of 2025(2) dt.18-08-2025 2/3 of fact, petitioner is brother-in-law of the informant and in order to grab the land and house of the petitioner this false and concocted case has been lodged by the informant. Prior to the present case, husband of the informant has filed an Information Petition bearing No. 1204 of 2024 on 25.04.2024 before the learned court below for apprehension of any incident. Moreover, husband of the informant, who is brother of this petitioner, has also filed for divorce before learned Principal Judge, Family Court, Patna vide Matrimonial Case No. 778 of 2024. He further submits that allegation against petitioner is general and omnibus and informant sustained no injury, either internal or external. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering backdrop of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 11th, Patna in connection with Kankarbagh P. S. Case No. 409 of 2025, subject to

Patna High Court CR. MISC. No.53880 of 2025(2) dt.18-08-2025 3/3 condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T