Patna High Court
Santosh Kumar Sah @ Santosh SahuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to Bimal Devi subject to conditions prescribed under Section 438(2) of the Cr.P.C.
Summary
Four family members were implicated in a FIR (Case No. 236 of 2025) filed under several provisions of the Bhartiya Nayay Sanhita, 2023, alleging assault, outraging modesty and theft. The first three petitioners, who had already been arrested, withdrew their anticipatory bail applications. The fourth petitioner, Bimal Devi, a woman, sought anticipatory bail, asserting she had no role in the alleged offences and had no criminal antecedent. The State opposed, noting her name was in the FIR. Considering the allegations, her lack of prior record, and her gender, the Court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail with specific conditions, including a bail bond, sureties, and compliance directives. The order directed that she be released on bail if arrested or surrendered within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to Bimal Devi under Section 438 of the Cr.P.C. despite the FIR and serious allegations under the Bhartiya Nayay Sanhita, 2023.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 3(5), 351(2), 352, 74, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail
- Criminal Procedure Code
- Bhartiya Nayay Sanhita
- gender
- FIR
- section 438
Judgment
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 PS-
Keoti 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 District-
Darbhanga
4. Bimal Devi W/o- Raj Kumar Sahu Village- Asraha PS- Keoti District-
Darbhanga
... ... 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
2 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
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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
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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;
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(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
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