Patna High Court
Sitaram RajakversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioners are entitled to anticipatory bail.
Summary
The petitioners, who are close relatives of the informant, were accused in a land‑dispute case of assault, molestation and robbery under several sections of the Bihar Negotiable Substances Act, 2023. The informant alleged that the petitioners attacked and molested her, while the petitioners contended that the incident was a mutual fight and that the informant’s side fabricated the allegations, supported by video footage and independent witness statements. The petitioners applied for anticipatory bail, arguing lack of substantive evidence and their clean antecedents. The State and the informant opposed bail, relying on the injury report and the seriousness of the alleged offences. The Court examined the video evidence, witness statements, the simple nature of the injuries, and the familial relationship, and concluded that the petitioners had made out a case for anticipatory bail. Accordingly, the Court ordered that the petitioners be released on bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the allegations.
- Whether the evidence, including video footage and independent witness statements, undermines the prosecution’s case.
- Whether the familial relationship and the nature of injuries justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Sakshya Adhiniyam — s. 63(4)
Subjects
- anticipatory bail
- land dispute
- assault
- molestation
- video evidence
- Section 482
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15401 of 2026
Arising Out of PS. Case No.-139 Year-2024 Thana- MARANCHI District- Patna
======================================================
1. Sitaram Rajak S/O Late Mahavir Rajak R/O Village- Gandhi Tola, P.S-
Marachi, Distt.- Patna, Bihar.
2. Badal Kumar S/O Manoj Rajak R/O Village- Gandhi Tola, P.S- Marachi,
Distt.- Patna, Bihar.
3. Kundan Rajak S/O Sitaram Rajak R/O Village- Gandhi Tola, P.S- Marachi,
Distt.- Patna, Bihar.
4. Shankar Kumar Rajak S/O Sitaram Rajak R/O Village- Gandhi Tola, P.S-
Marachi, Distt.- Patna, Bihar.
5. Laxman Rajak @ Laxman Kumar S/O Sitaram Rajak R/O Village- Gandhi
Tola, P.S- Marachi, Distt.- Patna, Bihar.
6. Nitish Kumar S/O Shankar Rajak R/O Village- Gandhi Tola, P.S- Marachi,
Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gorang Chatterjee, Sr. Adv.
Mr. Anirvan Choudhuri, Adv.
For the State : Mr. Md. Fahimuddin, APP
For the Informant : Mr. Suraj Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 17-06-2026 Heard Mr. Gorang Chatterjee, learned Senior
Advocate with Mr. Anrivan Choudhuri, learned Advocate for the
petitioners and the learned APP for the State. The informant is
represented through Mr. Suraj Kumar, learned Advocate.
2. The petitioners are apprehending their arrest in
connection with Marachi P.S. Case No. 139 of 2024 registered
for the offences under Sections 191(2), 115(2), 352, 351(2),
302(2) and 74 of the B.N.S., 2023.
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3. Based upon the fardbeyan of the informant, the
prosecution alleges that her uncle and grandfather as well as
cousin brothers were trying to grab the share of the land and in
this connection on 30.08.2024 at about 4.00 AM she found that
all the petitioners and 5-7 women were indulged in hurling
abuses and when the daughter of the informant came there and
started crying, they fled inside the house. After some time, when
the informant came out of the house, the petitioners were hiding
there caught hold the informant and ravished her, besides also
assaulted on her head and tore the cloth. It is further alleged that
all the petitioners have badly molested the victim and bit her on
her left shoulder. The petitioners have also snatched the
valuables.
4. Learned Senior Advocate for the petitioners
primarily submitted that the petitioners are none else, but close
relatives. So far petitioner no.1 is concerned, he happens to be
own grandfather whereas petitioner nos. 3, 4 and 5 are own
uncles of the informant. Petitioner nos. 2 and 6 are said to be
own cousins. Since both the parties are bickering over the land
dispute, as is also evident from the F.I.R., a free fight has taken
place, which resulted into unfortunate injury, but later on with a
view to mount pressure and settle the score, the present case has
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been instituted by making frivolous allegation. During the
course of investigation, the police had also seized some video
footage, which were produced by the petitioners and on perusal
thereof, it appears that it is the informant’s side, who were the
aggressor and they damaged their own property and inflicted
injury by their own to falsely implicate the petitioners. The
statement of the independent witnesses have also been recorded
by the investigating officer and reproduced in paragraph nos.
26-30 and 40 of the case diary. After going through the same, it
would be evident that it is the informant’s side, who were the
aggressor and only in order to wreck vengeance, the present
case has been instituted. There is a counter version of the
present case, being Marachi P.S. Case No. 140 of 2024,
registered against the informant and her family members.
5. On the other hand, learned APP for the State and
the informant vehemently oppose the bail application. The
learned Advocate for the informant taking this Court through the
injury report has submitted that the injury clearly suggests and
corroborates the allegation of molestation and brutal assault
inflicted upon the informant. It is also submitted that in order to
grab the share of the informant, the petitioners in collusion with
each other have ousted the informant and her family members
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and facing danger to their life, they left the place. The F.I.R. has
been instituted long back in 2024, but the investigating officer
has never visited the house of the petitioners to arrest them. The
witnesses, who supported the prosecution case are non-else, but
the own family members of the petitioners’ side is the
contention of the learned Advocate for the informant.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the close relationship of the petitioners with the informant,
especially the petitioners are grandfather, uncle and cousin,
besides the fact that omnibus allegation has been levelled
against all the accused persons, as also the statements of the
independent witnesses recorded in paragraph nos. 26-30 and 40
of the case diary as well as the video clipping, which has also
been made part of the case diary with the certificate issued
under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023
and also the simple nature of injury as well as fair antecedent of
the petitioners, this court finds that the petitioners have made
out a case for anticipatory bail.
7. Accordingly, let the petitioners, named above, in
the event of their arrest or surrender before the court below
within four weeks from the date of receipt/production of a copy
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of this order, be released on 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 learned Additional Chief
Judicial Magistrate-III, Barh, Patna in connection with Marachi
P.S. Case No. 139 of 2024, subject to the condition as laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close relative of the petitioners with the further
condition that if the petitioners shall be found indulged in
threatening the witnesses or tampering the evidence, in such
circumstances, the police/informant shall be at liberty to file an
appropriate application against the petitioners.
(Harish Kumar, J)
uday/siddharth-
U T
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