Santosh Kumar Sah @ Santosh Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90056 of 2025 Arising Out of PS. Case No.-236 Year-2025 Thana- KEWATI District- Darbhanga ====================================================== 1.
Santosh Kumar Sah @ Santosh Sahu S/o- Gowan Sahu Village- Asraha PSKeoti District- Darbhanga 2.
Dhiru Kumar @ Dhiru Kumar Sah S/o- Raj Kumar Sahu Village- Asraha PS- Keoti District- Darbhanga 3.
Raj Kumar Sahu S/o- Mahabir Sahu Village- Asraha PS- Keoti DistrictDarbhanga 4.
Bimal Devi W/o- Raj Kumar Sahu Village- Asraha PS- Keoti DistrictDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-01-2026 At the outset, learned counsel for the petitioners submit that petitioner no. 01,Santosh Kumar Sah @ Santosh Sahu, petitioner no.2, Dhiru Kumar @ Dhiru Kumar Sah and petitioner no.3, Raj Kumar Sahu have been arrested and as such he may be permitted to withdraw the anticipatory bail application of the said petitioners.
2. Permission accorded.
3. The anticipatory bail application of petitioner
2/4 no. 01,Santosh Kumar Sah @ Santosh Sahu, petitioner no.2, Dhiru Kumar @ Dhiru Kumar Sah and petitioner no.3, Raj Kumar Sahu as recorded stand dismissed as withdrawn.
4. Heard the parties.
5. The petitioner namely Bimal Devi is apprehending arrest in connection with Keoti P.S. Case No. 236 of 2025 instituted under Sections 126(2), 115(2), 118, 109, 74, 76, 351(2), 352, 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on 14.09.2025 by the informant, Ramashish Sah.
6. As per the prosecution story, the informant alleged that after abuse and on objection, the assault took place. The allegation of outraging modesty and snatching of chain is/are also there. This led to the FIR.
7. Learned counsel for the petitioner submits that the entire family members have been roped in, the petitioner no.4, Bimal Devi is a lady, had no role to play in the matter.
8. Learned APP opposes the prayer submitting that her name is in the FIR.
9. Considering the submissions of the parties as also the fact that she has no criminal antecedent, is a lady, FIR is there, shall be facing the trial, in that background, this Court is inclined to extend her the privilege of anticipatory
3/4 bail.
10. Let the petitioner no.4, Bimal Devi be released on bail, in the event of her arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Keoti P.S. Case No. 236 of 2025 to the satisfaction of learned A.C.J.M.-IX, Darbhanga subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner no.4, Bimal Devi who shall provide official document (Aadhar Card, Voter ID, Pan Card etc.) to show his/her bona fide;
(ii) the petitioner no.4, Bimal Devi shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself; (iii) the petitioner no.4, Bimal Devi shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (iv) the petitioner no.4, Bimal Devi shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.
(Rajiv Roy, J) Ravi/- U T