Santu Kumar Niyogi @ Santu Niyogi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74930 of 2025 Arising Out of PS. Case No.-5 Year-2016 Thana- MADHEPUR District- Madhubani ====================================================== Santu Kumar Niyogi @ Santu Niyogi S/O Vikash Chandra Niyogi Resident of Village- Madhepur Purvi, P.S.- Madhepur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Adv For the Opposite Party/s :
Mr. Murli Dhar, APP For the Informant :
Mr. Jaishankar Kr. Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2025 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Madhepur P.S. Case No. 5 of 2016 registered for the offences punishable under Sections 376, 386 and 420 of the Indian Penal Code and Section 66/67 (A) I.T. Act.
3. The allegation against the petitioner is to commit rape upon complainant/informant.
4. Learned counsel appearing on behalf of the petitioner submitted that before three days of lodging present complaint the husband of complainant made acid attack upon this petitioner due to neighborhood disputes and differences as both are tenants in same building. It is submitted that to counter aforesaid case, complainant lodged Complaint Case No. 1112 of
Patna High Court CR. MISC. No.74930 of 2025(2) dt.03-11-2025 2/3 2015 after three days of the occurrence against petitioner that she was raped by this petitioner on several occasions against her will after making her nude video, while she was naked in her bathroom. While concluding the argument learned counsel submitted that petitioner is a teacher and a man of clean antecedent.
5. Learned APP duly assisted by learned counsel appearing on behalf of the informant while, opposing the prayer for anticipatory bail submitted that specific allegation is available against this petitioner as to commit rape upon complainant by blackmailing her.
6. In view of the facts and circumstances and by taking note of the fact as present allegation of rape was raised through complaint petition immediately after three days of acid attack, which was made by the husband of complainant, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Jhanjharpur, Madhubani/concerned Court where the case is pending in connection with Madhepur P.S. Case No. 5 of 2016 subject to the
Patna High Court CR. MISC. No.74930 of 2025(2) dt.03-11-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T