Patna High Court
Rakhi RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the petitioners’ clean antecedents, lack of material linking them to the alleged offences, and the familial relationship with the deceased, the court held that anticipatory bail under Section 482(2) of the B.N.S. should be granted.
Summary
The petitioners – four relatives of a man who died by suicide – sought anticipatory bail fearing arrest under Sections 108 and 3(5) of the B.N.S. The prosecution alleged that the deceased’s suicide was a result of torture and harassment by the accused, who were in‑laws of the informant’s son. The petitioners contended they were innocent, highlighting their clean antecedents, the deceased’s personal problems, loss of employment, and his mother’s death, and asserted no material linked them to the alleged offence. The State opposed the bail application. Considering the lack of direct evidence, the familial relationship, the general nature of the accusation and the petitioners’ clean records, the court granted anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties each, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. despite allegations under Sections 108 and 3(5).
- Whether there is sufficient material evidence linking the petitioners to the alleged offence.
- Whether the nature of the accusation (general and omnibus) justifies denial of bail.
Legislation cited
- B.N.S. — s. 108, 3(5), 482(2)
Subjects
- anticipatory bail
- Section 108
- Section 3(5)
- Section 482(2)
- suicide
- false implication
- clean antecedents
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12273 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- Babarganj District- Bhagalpur
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1. Rakhi Roy Wife of Late Deepak Kumar, Daughter of Kailash Kumar Roy
Resident of Village- Boys High School Road, Near- Hanuman Mandir, P.S.-
Babarganj, District- Bhagalpur (Bihar), at present Resident of 174(A),
Dahiya Tola, Bartall, P.S. and District- Sahibganj (Jharkhand).
2. Bandana Prasad Wife of Deepak Prasad Resident of Village- Bangaigaon,
P.S.- Bangaigaon, District- Bangaigaon (Assam).
3. Rita Devi Wife of Kailash Roy @ Kailash Kumar Roy. Resident of 174(A),
Dahiya Tola, Bartalla, P.S. and District- Sahibganj (Jharkhand)
4. Kunal Roy @ Kunal Kishor Roy S/o Kailash Roy Resident of 174(A),
Dahiya Tola, Bartalla, P.S. and District- Sahibganj (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Muskan Singh, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 108 and
3(5) of the B.N.S..
3. As per prosecution case, it is alleged that due to
torture and harassment of all the F.I.R. named accused persons,
including these petitioners, who happen to be in-laws of son of
informant, the son of informant committed suicide by hanging
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himself.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be wife, Petitioner No. 2 happens to be elder sister-in-law,
Petitioner No. 3 happens to mother-in-law and Petitioner No. 4
happens to be elder brother-in-law of the deceased. As a matter
of fact, marriage of Petitioner No. 1 and deceased was
solemnized in the year 2019 and both were living their married
life happily. The deceased was a teacher in a private school but
he lost his job in January, 2022 and mother of the deceased was
a kidney patient undergoing dialysis and she also passed away
in April, 2022. These incidents led the deceased into depression
for which he was treated at various hospitals, however, due to
the same, he committed suicide. There is no material on record
to show any direct or active role played by these petitioners
leading the deceased to commit suicide. It is further submitted
that deceased committed suicide at his own parental house.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
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petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties, general and omnibus
nature of accusation and clean antecedents of the petitioners, the
prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged 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 Chief Judicial
Magistrate, Sahebganj in connection with Babarganj P.S. Case
No. 41 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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