Santosh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55767 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MAHILA PS District- Darbhanga ====================================================== Santosh Das S/o Hari Das R/o vill - Chhapraar Ghat, P.S- Fekla, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 74, 75, 76, 351(2) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that informant was studying at JMS Coaching Center since the year 2018 where this petitioner was a teacher. It is alleged that this petitioner misbehaved with her multiple times and tried to sexually assault her and on 05.02.2020, he molested the informant and when mother of the informant confronted him, he issued threats.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been implicated in this case with malicious intention to tarnish his reputation and damage his future prospects. The false allegation appears to be motivated by
Patna High Court CR. MISC. No.55767 of 2025(2) dt.15-09-2025 2/3 personal grudge and with the ulterior objective of ensuring that the petitioner loses his employment and is disqualified from holding any government job. The petitioner, being a teacher, holds a respectable position in society, and such baseless accusations have caused irreparable harm to his dignity and standing. It is further submitted that petitioner is framed in this incident as the matter pertains to the year 2018 and 2020 but the informant as well as her family had never raised concern against petitioner during those years and only after the incident dated 14.03.2025, the informant lodged F.I.R. on 18.03.2025, after delay of four days.
It is further submitted that petitioner had stopped teaching in the aforementioned coaching center in year 2008 and gave charge of the same to one Kishun Kumar and thereafter, went to Delhi in search of job. Later, in the year 2023, he got appointed as government teacher and accordingly, posted at Matharahi, Darbhanga. The F.I.R., being lodged after successful appointment of petitioner as government teacher further indicates that the case has been lodged with an intention to malign his image and disrupt his career. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
Patna High Court CR. MISC. No.55767 of 2025(2) dt.15-09-2025 3/3
6. Considering the backdrop of the case and clean antecedent, 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 Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila P. S. Case No. 31 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T