Sahdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19285 of 2025 Arising Out of PS. Case No.-908 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Sahdeo Rai S/O Late Shital Ray R/O Village- Dighi Khurd, P.S.- Hajipur Sadar, District- Vaishali 2.

Surendra Rai S/O Late Shital Ray Village- Dighi Khurd, P.S.- Hajipur Sadar, District- Vaishali 3.

Ranjan Kumar S/O Sahdeo Rai Village- Dighi Khurd, P.S.- Hajipur Sadar, District- Vaishali 4.

Paramjeet Rai S/O Bijan Rai Village- Dighi Khurd, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Natraj Verma, Advocate Mr. Sachin, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP For the Informant :

Mr. Priya Ranjan, Advocate Mr. Nitish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 At the outset, learned counsel for the petitioners submits that in the first paragraph of the petition, Section 316(2) of the B.N.S., 2023 has been inadvertently typed as Section 306(2) of the B.N.S., 2023. Therefore, learned counsel for the petitioners seeks permission to correct this error.

2. Permission is granted. Counsel for the petitioners is directed to make the necessary correction during the course of the day.

3. Heard learned counsel for the petitioners and

2/4 learned APP for the State.

4. The petitioners are apprehending their arrest in connection with Hajipur Sadar P.S. Case No. 908 of 2024 lodged 28.11.2024, for the offences punishable under sections 316(2), 108, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5. As per the prosecution, the F.I.R. has been lodged by the father of the deceased, alleging that the informant's mother had executed a gift deed in favour of the informant's wife. Upon learning of this, the accused persons began pressuring the informant's son and issued threats against him. It is further alleged that, due to the said threats, the informant's son ultimately committed suicide by hanging himself.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the F.I.R. correctly mentions that the informant's mother executed a gift deed in favour of a relative, which is evident from the deed itself. It is submitted that certain family members were aggrieved by this, leading to a family dispute which ultimately resulted in the suicide of the informant's son by hanging. With respect to antecedents, it is stated that petitioner nos. 1, 2, and 4 do not have clean

3/4 antecedents, as petitioner no. 1 is an accused in two cases, petitioner no. 2 in one case, and petitioner no. 4 in two cases whereas petitioner no. 3 has clean antecedents.

7. Learned A.P.P. for the State opposes the prayer for bail and submits that there are specific allegations of abetment of suicide against the petitioners, and therefore, their bail application is liable to be rejected.

8. Learned counsel for the informant submits that the sale was made for a consideration of ₹2,57,50,000/-, of which ₹1,38,00,000/- has already been paid, leaving an outstanding amount of ₹1,19,50,000/-. It is further submitted that the pressure was created solely due to the non-payment of the remaining balance.

9. In the facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned CJM, Hajipur, Vaishali, in connection with Hajipur Sadar P.S. Case No. 908 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

4/4

10. However, the Trial Court shall accept the bail bonds of the petitioners only after verifying that the petitioners are not absconding in the cases mentioned in paragraph no. 3 of the petition, as detailed below:- Petitioner No.1 :- Hajipur Sadar P.S. Case No. 51 of 2022 and Hajpur Sadar P.S. Case No. 10 of 2025. Petitioner No.2 Hajpur Sadar P.S. Case No. 10 of 2025.

petitioner no.4 : - Hajipur Sadar P.S. Case No. 587 of 2018 and Hajpur Sadar P.S. Case No. 10 of 2025.

11. However, the informant would be at liberty to adopt the lawful means for recovery of his money. (Dr. Anshuman, J) Ashwini/- U T