Sobha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30885 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Sobha Kumari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31303 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Rahul Kumar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 30885 of 2025) For the Petitioner/s :
Mr. Priya Ranjan, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP (In CRIMINAL MISCELLANEOUS No. 31303 of 2025) For the Petitioner/s :
Mr. Birendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. Priya Ranjan, learned counsel for the petitioners and Md. Mushtaque Alam for the State.
2. The petitioners apprehend their arrest in connection with Magadh University P.S. Case No. 278 of 2024 for the offence registered under sections 108 and 3(5) of BNS, 2023 lodged on 21.12.2024 by the informant, Raghuveer Choudhary.
3. As per the prosecution story, the informant alleged
Patna High Court CR. MISC. No.30885 of 2025(2) dt.20-05-2025 2/3 that his wife, Sugiya Devi (since deceased) took loan from Cash Park Micro Credit Private Limited, Sherghati, Gaya and was paying installment regularly. Of late, she became defaulter, the accused persons, the petitioners herein who belong to the said finance company pressurized the lady which led to her committing suicide. This led to the FIR.
4. Learned Counsel for the petitioners submit that admittedly, she had taken loan, was not repaying, naturally, request was made to repay the same, she was in depression and committed suicide for which they cannot be faulted.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that it was only due to the pressure of the finance company that she took an extreme step.
6. Considering the submissions of the parties, it is unfortunate that the lady took extreme step of committing suicide, she was under depression having not paid the installment amount, FIR is there, the accused shall be facing the trial, none have criminal antecedent, in that background, this Court is inclined to grant them the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.30885 of 2025(2) dt.20-05-2025 3/3 each to the satisfaction of the learned Court of ACJM-VIII, Sherghati, Gaya in connection with Magadh University P.S. Case No. 278 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U