Santosh Kumar Sah @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63461 of 2025 Arising Out of PS. Case No.-398 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Santosh Kumar Sah @ Santosh Sah S/O Shatrughan Sah R/O VillageRamna Padwa Belhi, P.S.- Jaynagar, District-Madhubani 2.

Parmila Devi @ Pramila Devi W/O Shatrughan Sah R/O Village- Ramna Padwa Belhi, P.S.- Jaynagar, District-Madhubani 3.

Shatrughan Sah S/O Biltu Sah R/O Village- Ramna Padwa Belhi, P.S.- Jaynagar, District-Madhubani 4.

Shobha Kumari @ Shobha Kumar @ Shoba Kumari D/O Shatrughan Sah R/O Village- Ramna Padwa Belhi, P.S.- Jaynagar, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 325, 379, 354(B), 504, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 01.11.2020 at about 10 AM, informant was planting potatoes with her husband & son, in the meantime, these petitioners and other coaccused persons came there, abused and assaulted them. Petitioner no. 1 is alleged to have assaulted informant's husband

Patna High Court CR. MISC. No.63461 of 2025(2) dt.15-09-2025 2/3 with iron rod and petitioner no. 2 caught hair of informant, threw her on ground and thereafter, snatched gold Mangalsutra from the neck of informant.

4. Learned counsel for the petitioners submits that F.I.R. has been lodged after a delay of 10 days and there is no plausible explanation of delay. Petitioners are pattidars of informant. Allegation of assault is general and omnibus. Though, petitioner no. 1 is alleged to have assaulted with iron rod on the thigh of husband of informant, but no injury report is available on record. Rest of the allegation is only ornamental. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the delay in lodging the present F.I.R., general & omnibus allegation and clean antecedent, the prayer for anticipatory bail of petitioners is allowed.

7. Accordingly, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case

Patna High Court CR. MISC. No.63461 of 2025(2) dt.15-09-2025 3/3 No. 398 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482 of the B.N.S.S. (Prabhat Kumar Singh, J) anay U T