Patna High Court
Chhotu Roy @ Kaushal Kishore RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Chhotu Roy and Raman Roy, sought anticipatory bail fearing arrest in a case registered under Sections 108 and 3(5) of the B.N.S., which alleged they were involved in the suicide of the informant's son. The prosecution alleged that the petitioners, being in‑laws of the deceased, had tortured and harassed the accused, leading to the suicide. The petitioners contended they had no role in the death, highlighting the deceased's personal hardships, depression, and clean antecedents. The State opposed the bail, but the Court considered the relationship between the parties, the nature of the accusation, and the petitioners' clean records. The Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions given the allegations under Sections 108 and 3(5) of the B.N.S.
- Whether the petitioners' relationship to the deceased and lack of prior criminal record justify bail
Legislation cited
Subjects
- anticipatory bail
- Section 108
- Section 3(5)
- Section 482(2)
- suicide
- false implication
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12346 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
1. Chhotu Roy @ Kaushal Kishore Roy Son of Kailash Kumar Roy Resident
of Village- (Bartalla Street), Dahiya Tola, P.S. and District- Sahibganj
(Jharkhand), Pin No. 816109
2. Raman Roy @ Raman Kumar Son of Raj Kishore Roy Resident of Village-
Near Saksharta More, Chhota Jirwabadi, P.S.- Jirwabari, District-
Sahibaganj (Jharkhand), Pin No. 816109
... ... 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
himself.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.12346 of 2026(2) dt.24-02-2026
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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 brother-in-law and Petitioner No. 2 happens to be maternal
brother-in-law of the deceased. As a matter of fact, marriage of
co-accused Rakhi Roy 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
petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties, general and omnibus
Patna High Court CR. MISC. No.12346 of 2026(2) dt.24-02-2026
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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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