Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78694 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- MOHANPUR District- Samastipur ====================================================== 1.
Sumit Kumar S/o Madan Rai R/o Village - Uttari, Dumri, P.S - Mohanpur, District - Samastipur 2.
Shatrughan Rai @ Satrughan Rai S/o Late Anupal Rai R/o Village - Baghara, P.S - Mohanpur, District - Samastipur 3.
Mintu Rai @ Mantu Rai S/o Shatrughan Rai R/o Village - Baghara, P.S - Mohanpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Fahad Khurshid, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP For the Informant :
Mr. Rajeev Ranjan, Adv. (through virtual mode) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant through virtual mode.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 329(3), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that accused persons including petitioners on 07.07.2025 at 11:00 AM, entered her house and Shatrughan gave orders to catch her, thereafter Mantu pushed her on the bed and Sumit along with Sharmila caught her hand, while Shatrughan
Patna High Court CR. MISC. No.78694 of 2025(2) dt.04-12-2025 2/3 assaulted her by gandasa causing injury on head, on alarm Mantu shut her mouth by putting a towel, thereafter Sumit tore her blouse and unveiled her, further Aman, Ankit, Anand and Sudhir assaulted her by leg, fist and danda while Rita and Sudhir snathced her Jitiya and Mangalsutra.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the date of occurrence is 07.07.2025 and the FIR came to be instituted on 21.07.2025 i.e. after a delay of more than 14 days without any plausible explanation which casts an aspersion on the case of the prosecution. It is further submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners, but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioners that the FIR was instituted after a delay of more than 14 days.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.78694 of 2025(2) dt.04-12-2025 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mohanpur P.S. Case No. 160 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T