Hari Kishun Rai @ Harekishun Ray v. The State of Bihar
CR. MISC./6786/2025 · 2025-03-18
Anil Kumar Sinha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13600 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13600 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6786 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- SARAI District- Vaishali ======================================================
1. Hari Kishun Rai @ Harekishun Ray S/o- Late Ramswarup Rai Village- Rajapakar mirpur patadh PS- Rajapakar District- Vaishali Bihar
2. Radha Devi @ Radhika Devi W/o- Hari Kishun Rai @ Harekishun Ray Village- Rajapakar mirpur patadh PS- Rajapakar District- Vaishali Bihar
3. Dewanti Devi W/o- Hari Kishun Rai @ Harekishun Ray Village- Rajapakar mirpur patadh PS- Rajapakar District- Vaishali Bihar
4. Shiv Pujan Rai@Shiv Pujan Kumar S/o- Hari Kishun Rai @ Harekishun Ray Village- Rajapakar mirpur patadh PS- Rajapakar District- Vaishali Bihar
5. Putul Devi W/o- Shiv Pujan Rai Village- Rajapakar mirpur patadh PS- Rajapakar District- Vaishali Bihar ... ... petitioners/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the petitionerss/s : Ms. Rupa Kumari. Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 18-03-2025
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 Sarai Police Station Case No. 258 of 2024, disclosing offences under Sections 126, 115, 303(2), 76, 64, 62, 352, 351, 3(5) of the B.N.S.
3. As per the prosecution case, on 06.11.2024 in the night while the informant was sleeping with her husband, then the accused Dharmendra Kumar entered into the room of the informant and sprayed some toxic substance on them due to
Patna High Court CR. MISC. No.6786 of 2025(2) dt.18-03-2025 2/3 which the informant became semi-unconscious. Dharmendra Kumar made obscene video of the informant for the purpose of blackmailing her and subsequently started blackmailing her and when informant protested, Dharmendra Kumar made her video viral on 08.11.2024. When the informant came to know about the viral video, she along with her husband went to the house of the Dharmendra Kumar where petitioners and others started abusing them and also assaulted them badly. When old age mother in law of the informant came to save them she was also assaulted. The accused persons took away jewellery, cloths and cash of Rs. 1,00,000/-. 4.
Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and from perusal of the First Information Report it is evident that the co-accused is the co-sharer/patidar of the informant and there was some dispute between them and co- accused who allegedly made the obscene video of the informant. The petitioners are co-sharers and distant relative of the co- accused Dharmendra Kumar and the allegation against them of assaulting the informant, her husband and her old aged mother in law but no injury report has been brought on record by the prosecution. There is no role of the petitioners in preparing the
Patna High Court CR. MISC. No.6786 of 2025(2) dt.18-03-2025 3/3 obscene video of the informant. 5. Learned Additional Public Prosecutor for the State argued that the victim in her statement recorded under Section 183 of the B.N.S.S. has supported the prosecution case. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that Dharmendra Kumar made obscene video of the informant, the allegation against the petitioners are general and omnibus in nature that they assaulted the informant and her husband and no injury report has been brought on record by the prosecution, I am inclined to grant the petitioners privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.J.-IX Cum- A.C.J.M.-X, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 258 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
ajay/- (Anil Kumar Sinha, J) U T