Patna High Court
Santosh GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S. 2023.
Summary
Santosh Gond, husband of Sarita Devi, sought anticipatory bail after being implicated in a case alleging attempted murder, assault, and property intimidation under Sections 126(2), 115(2), 118(1), 351(3), 85 of the B.N.S. 2023 (corresponding to IPC Sections 341, 323, 324, 506 and 498A). He claimed the allegations were vague, the FIR was lodged after an unexplained delay of over 24 hours, and that marital discord had led to the complaint. The informant’s counsel opposed bail, fearing further violence. The court considered the marital discord, the lack of specific allegations, and the delay, and decided to grant anticipatory bail subject to conditions that the petitioner not assault or torture the informant or her children. The bail order required a bond of Rs.10,000 with two sureties and was to be executed within four weeks before the lower court.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the B.N.S. 2023 in view of the alleged offences.
- Whether the delay in filing the FIR and the vague, omnibus nature of the allegations justify granting bail.
- Whether marital discord between the parties influences the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 498A, 506
Subjects
- anticipatory bail
- Section 482
- marital discord
- delay in FIR
- vague allegations
- criminal procedure
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61429 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Santosh Gond S/o- Sudarshan Gond @ Sudarshan Sah Resident of Village-
Khajuraha Misir, Police Station -Bhorey, District- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Devi W/o- Santosh Gond Village- Khajuraha Misir Ps- Bhore Dist-
Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan
For the Opposite Party/s : Mr.Binod Kumar
For the informant : Mr. Arya Achint
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 23-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Bhorey P.S. Case No. 35 of 2025 dated 02.02.2025 registered
under Sections 126(2), 115 (2), 118(1), 351(3), 85 of the B.N.S.
2023 corresponding to Sections 341, 323, 324, 506 and 498A of
the I.P.C.
3. The petitioner is the husband of the opposite party no. 2
and both were married about 25 years ago and both uses to live
separately. It is alleged that the petitioner tried to kill the
informant as well as her children and wants to grab their
property. On the alleged date of occurrence i.e. on 01.02.2025 at
about 5:00 P.M. the petitioner came to the informant’s house in
Patna High Court CR. MISC. No.61429 of 2025(4) dt.23-02-2026
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a drunken state and tried to kill the informant but the informant
screamed and the people nearby gathered and she was
ultimately saved.
4. Mr. Rajesh Ranjan, learned counsel for the petitioner
submits that petitioner is innocent and has falsely been
implicated in this case. The opposite party no. 2 always used to
argue and fight with the petitioner over petty issues due to
which the petitioner was forced to reside separately. It is next
submitted that no specific allegation has been levelled against
the petitioner rather all the allegations are vague and general and
omnibus in nature. It is further submitted that though the alleged
occurrence took place on 01.02.2025 however the present F.I.R.
was lodged after an unexplained delay of over 24 hours on
02.02.2025. He also submits that only one complaint has been
lodged by the informant against the petitioner over a span of
eleven years.
5. On the other hand, Mr. Arya Achint, learned counsel for
the informant vehemently opposed the prayer for anticipatory
bail and submits that if released on bail the petitioner will again
assault and torture the informant and her children.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there is marital discord
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between the informant and the petitioner, accordingly, I am
inclined to grant anticipatory bail to the petitioner subject to the
condition that the petitioner shall not assault or torture the
informant and her children.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Sub Divisional Judicial Magistrate, Gopalganj in connection
with Bhorey P.S. Case No. 35 of 2025 subject to the condition
as laid down under Section 482 (2) of the B.N.S.S. 2023
(Anil Kumar Sinha, J)
praful/-
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