Patna High Court
Ranjeet Thakur @ Ranjeet Kumar Thakur @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
The petitioners, Ranjeet Thakur and Sanjeet Thakur, sought anticipatory bail in a case registered under Sections 108 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) alleging that they had pressured the deceased to commit suicide for money and land. The FIR, filed five days after the alleged incident, claimed the deceased's son committed suicide due to such pressure, but the petitioners argued the delay indicated a lack of immediacy and that the suicide stemmed from a failed love relationship with the wife of petitioner No.1. They highlighted a video made by the deceased that cited multiple reasons, including personal relationship issues, and noted that the FIR did not specifically allege that they demanded money or land. The State opposed bail, contending the petitioners harassed the deceased, leading to his suicide. The Court examined the evidence, noting that harassment alone does not amount to instigation of suicide and considered the FIR delay and the deceased’s own statements. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and specific conditions, including cooperation with the investigation. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482(2) BNSS in view of the allegations of harassment leading to suicide
- Whether the delay in filing the FIR and the content of the deceased's video negate the prosecution's case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 108, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- suicide
- harassment
- delay in FIR
- BNSS
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57823 of 2025
Arising Out of PS. Case No.-187 Year-2024 Thana- ROSERA District- Samastipur
======================================================
1. Ranjeet Thakur @ Ranjeet Kumar Thakur @ Raja S/o Vinay Thakur @
Vinay Kumar Thakur R/o Village - Harilochanpur Tisbara, P.S- Halai,
District - Samastipur
2. Sanjeet Thakur @ Sanjit Kumar Thakur S/o Vinay Thakur @ Vinay Kumar
Thakur R/o Village - Harilochanpur Tisbara, P.S- Halai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 108, 3(5)
of the B.N.S.
3. The allegation in the First Information report is that
the son of the informant had committed suicide on account of
pressure being exercised upon him with regard to a case lodged
by one of the accused persons of this case and also exercising
pressure upon him for giving Rs.30 lakh and 10 kattha of land.
4. The learned counsel for the petitioner submits at the
outset that the present F.I.R. has been lodged after a delay of
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five days inasmuch as, while the occurrence took place on
08.08.2024, the said incident was reported on 13.08.2024 and
no explanation has been tendered for such inordinate delay. He
has further submitted that the present occurrence is an act of
desperation taken by the deceased on account of a failed love
relationship with the wife of the petitioner no.1 and such
relationship is admitted in the F.I.R. itself. Earlier a case has
been lodged by the father-in-law of the petitioner no.1 for
kidnapping his daughter against the deceased and others
regarding which he used to remain under pressure. It has further
been submitted that so far as these petitioners are concerned, the
video footage prepared by the deceased before the suicide also
does not indicate specifically that these petitioners were the
ones demanding money and land etc., and in the F.I.R. also the
allegation of demand has not been placed upon these petitioners
rather the allegation against these petitioners relates to
threatening and creating pressure.
5. The learned counsel for the APP has opposed the
grant of anticipatory bail on the ground that all the accused
persons including the present petitioners were indulging in
harassing the deceased due to which he committed suicide.
6. After perusing the materials collected during the
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course of investigation, it appears that although there is a video
made by the deceased before committing suicide but the same
relates to several reasons one of them being his failed love
relationship and he has generally also mentioned about pressure
upon him to alienate some portion of land and money, which has
brought him in a disturbed state of mind.
7. Taking into consideration the facts and
circumstances and also considering the fact that the allegations
may constitute words of harassment being caused upon the
deceased but mere harassment cannot be equated with
instigation to commit suicide, coupled with the fact that it was
actually the deceased, who was having a relationship with the
wife of the petitioner no.1 for which earlier also a case had been
lodged not by the petitioners but by the father of the wife of the
petitioner no.1 and also considering the fact that there is delay in
lodging the F.I.R., let the above named petitioners, be released
on bail, in the event of their arrest or surrender before the
learned 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 the learned Court below where the case is pending/successor
Court in connection with Rosera P.S. Case No. 187 of 2024,
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subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to further condition(s):
(i) One of the bailors will be their own blood
relative, preferably, father, mother, brother,
sister and/or his wife.
(ii) The petitioners shall co-operate with the
investigation, if not already concluded and
make themselves available as and when so
required, failing which the prosecution will be
at liberty to move cancellation of their bail
bond.
(Soni Shrivastava, J)
anand/-
U T
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