Patna High Court
Subodh Kumar Ray @ Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to petitioners No.1‑4 and denied to petitioner No.5.
Summary
The petitioners, five members of the Ray family, applied for anticipatory bail in a case where the FIR alleged multiple offences including assault, outraging modesty, and causing grievous injury to a minor. The prosecution claimed that petitioner No.5, Digvijay Ray, assaulted the informant’s 13‑year‑old daughter with the butt of a pistol, resulting in a head injury and ICU admission, while petitioners No.1‑4 were alleged to have participated in a scuffle and attempted to outrage the informant’s modesty. The petitioners argued that the allegations were false, that the injury to the daughter was caused by a stray brick thrown by a child, and that the dispute stemmed from a land issue. The court, noting the serious specific allegation against petitioner No.5 and the documented injury to the minor, refused anticipatory bail to him, but found the modesty‑outrage allegations against petitioners No.1‑4 exaggerated and without injury, and therefore granted them anticipatory bail subject to conditions. The order directed the four bail‑granted petitioners to surrender within four weeks and post a bail bond.
Issues considered
- Whether anticipatory bail should be granted to the accused under the provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the specific allegation of assault on a minor justifies denial of anticipatory bail to petitioner No.5.
- Whether the allegations of outraging modesty against petitioners No.1‑4 warrant denial of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- minor injury
- outraging modesty
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18555 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Subodh Kumar Ray @ Subodh Kumar S/o Shambhu Ray R/o Village-
Chakaslem, PS- Shahpur Potori, Distt- Samastipur
2. Manoj Kumar Ray @ Manoj Kumar S/o Shambhu Ray R/o Village-
Chakaslem, PS- Shahpur Potori, Distt- Samastipur
3. Manish Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o Village-
Chakaslem, PS- Shahpur Potori, Distt- Samastipur
4. Munna Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o Village-
Chakaslem, PS- Shahpur Potori, Distt- Samastipur
5. Digvijay Ray S/o Ramvilash Ray R/o Village- Chakaslem, PS- Shahpur
Potori, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rambabu Yadav
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Shahpur Patori Police Station Case No. 458 of 2025,
dated 12.11.2025, disclosing offences under Sections
126(2)/115(2)/117(2)/110/74/303(2)/352/351(2)/3(5) of
the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 11.11.2025 at about 10:00 AM, the petitioners,
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along with other accused persons, total 10 in numbers,
started abusing the informant’s husband and upon
objection being raised, the petitioners assaulted the
informant’s 13 years old daughter while she was going to
school with her father. It has been alleged that the
petitioner no. 1 ordered to assault both the informant’s
husband and daughter, upon which the petitioner no. 5
assaulted with butt of pistol due to which informant’s
daughter sustained head injury. It has further been alleged
that petitioner no. 2, 3 and 4 tore the saree of informant
with an intention to outrage her modesty. In the
meanwhile, petitioner no. 4 assaulted informant on her
cheek by means of brick and petitioner no. 2 also
assaulted with brick on chest of informant.
4. Learned counsel for the petitioners submits that the
petitioners have not committed any offence in the manner
alleged and true story of occurrence has not been narrated
in the FIR. The fact of the matter is that children were
playing outside their houses and one of the child threw a
brick due to which informant’s daughter has sustained
injury. He next submits that there is previous land dispute
between the parties and both the parties are agnates. He
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further submits that informant has not sustained injury,
however, injury has been caused to informant’s daughter
which is attributable to petitioner no. 5.
5. Regards being had to the submissions made by the parties
and taking into consideration the fact that there is specific
allegation of assault against the petitioner no. 5, namely,
Digvijay Ray, who assaulted informant’s minor daughter
and from perusal of the impugned order, it appears that
minor daughter of the informant had remained in ICU for
05 days, I am not inclined to grant anticipatory bail to the
petitioner no. 5.
6. This application, in respect of petitioner no. 5, stands
dismissed.
7. In so far as the petitioner nos. 1 to 4 are concerned, the
allegation against them of outraging the modesty of
informant appears to be exaggerated due to scuffle
between the parties and the informant has not sustained
any apparent injury, accordingly, I am inclined to grant
privilege of anticipatory bail to the petitioner nos. 1 to 4.
8. This application, in respect of petitioner nos. 1, 2, 3 and 4,
is, accordingly, allowed.
9. Let the petitioner nos. 1, 2 ,3 and 4, above named, in the
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event of their arrest or surrender before the Court below
within four weeks, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge - I, Samastipur, in
connection with Shahpur Patori Police Station Case No.
458 of 2025, subject to the condition laid down under
Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita,
2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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