Patna High Court
Anil Rajak @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, who are relatives of Ambika Devi, sought anticipatory bail fearing arrest in Mahila P.S. Case No.51 of 2025, which alleged offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Dowry Prohibition Act. The prosecution alleged that on 19‑12‑2025, at the behest of the husband, the mother‑in‑law extracted Rs 2 lakhs from the victim’s mother, and upon refusal, the petitioners assaulted her, causing head injury and stealing her ornaments and mobile. The petitioners contended they were falsely implicated, have clean antecedents, and that the allegations stem from a marital dispute. The State opposed the bail, but the Court, considering the nature of the allegations and the petitioners’ clean record, ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations under the Bharatiya Nagarik Suraksha Sanhita and the Dowry Prohibition Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 351(3), 352, 395, 482(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- assault
- false implication
- criminal procedure
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21663 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- MAHILA P.S. District- Saharsa
======================================================
1. Anil Rajak @ Anshu Kumar S/o Birendra Rajak R/o vill - Bathnaha, ward
no. 5, P.s.- Saurbazar, Distt.- Saharsha, presently residing at vill - Piprahi,
P.S.- Raghopur, Distt.- Supaul
2. Ratni Devi W/o Anil Rajak @ Anshu Kumar R/o vill - Bathnaha, ward no. 5,
P.s.- Saurbazar, Distt.- Saharsha, presently residing at vill - Piprahi, P.S.-
Raghopur, Distt.- Supaul
3. Laxmi Devi W/o Birendra Rajak R/o vill - Bathnaha, ward no. 5, P.s.-
Saurbazar, Distt.- Saharsha, presently residing at vill - Piprahi, P.S.-
Raghopur, Distt.- Supaul
4. Birendra Rajak S/o Late Natay Rajak R/o vill - Bathnaha, ward no. 5, P.s.-
Saurbazar, Distt.- Saharsha, presently residing at vill - Piprahi, P.S.-
Raghopur, Distt.- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ambika Devi W/o- Sunil Rajak R/o Village - Bathnaha, Ward No. - 5, P.S.-
Saurbazar, District - Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate.
For the State : Mr. Shailendra Kumar, A.P.P.
For the O.P. No.2 : Mr. Binod Kumar Sinha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-07-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioners apprehend their arrest in connection
with Mahila P.S. Case No.51 of 2025 instituted under Sections
115(2), 126(2), 85, 110, 303(2), 352, 351(3), 395) of the B.N.S.,
2023 and Section 3 & 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.21663 of 2026(3) dt.01-07-2026
2/3
3. As per the prosecution case, marriage of informant
was solemnized with co-accused Sunil Rajak according to
Hindu Customs and out of the said wedlock two children were
born. It is alleged that on 19.12.2025 on the instruction of her
husband, her mother-in-law directed to took the amount of Rs.2
lakhs from her mother. On her refusal, all the accused persons
including the petitioners assaulted her due to which she
sustained head injury and fell down and also took her entire
ornaments and mobile.
4. Learned counsel for the petitioners submits that
petitioner no.1 is brother-in-law, petitioner no.2 is sister-in-law,
petitioner no.3 is mother-in-law and petitioner no.4 is father-in-
law of the opposite party no.2 who are innocent and have been
falsely implicated in this case. He further submits that marriage
of opposite party no.2 was solemnized with co-accused Sunil
Rajak six years ago and out of said wedlock two children were
born. Learned counsel submits that the allegation of assault is
general and omnibus in nature and the injury to the opposite
party no.2 is simple in nature. He further submits that there is
dispute between husband and wife and to take revenge from
him, entire family members have been implicated in this case.
Learned counsel submits that petitioners have got clean
Patna High Court CR. MISC. No.21663 of 2026(3) dt.01-07-2026
3/3
antecedent and they undertake to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the opposite party no.2 oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners as well as
their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned S.D.J.M.,
Saharsa/ concerned Court in connection with Mahila P.S. Case
No.51 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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