Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35300 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== 1.

Shail Devi W/o Mahendra Rajak @ Mahendra Prasad Rajak R/o vill - Bhitri Begumpur, P.S. - Chowk, Distt.- Patna, Bihar 2.

Pawan Rajak @ Pawan Kumar Rajak S/o Mahendra Rajak @ Mahendra Prasad Rajak R/o vill - Bhitri Begumpur, P.S. - Chowk, Distt.- Patna, Bihar 3.

Raja Rajak @ Rakesh Rajak @ Rakesh Kumar Rajak S/o Mahendra Rajak @ Mahendra Prasad Rajak R/o vill - Bhitri Begumpur, P.S. - Chowk, Distt.- Patna, Bihar 4.

Rajesh Kumar Rajak @ Rajesh Rajak S/o Mahendra Rajak @ Mahendra Prasad Rajak R/o vill - Bhitri Begumpur, P.S. - Chowk, Distt.- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Kumar Rajdeep Ms. Diksha Kumari For the State :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-11-2025 Heard the learned counsel for the parties.

2. The petitioners apprehend their arrest for the offences alleged under Sections 108, 3(5) of the BNS, registered in connection with Khajekala P.S.Case No. 82 of 2025.

3. According to prosecution case, the deceased being a prolific student preparing for competitive examination, committed suicide under acute mental pressure on account of institution of a false case against him and his family. It is alleged that the petitioners are accountable for this extreme steps taken by the deceased.

Patna High Court CR. MISC. No.35300 of 2025(4) dt.19-11-2025 2/3

4. The learned senior counsel for the petitioner has submitted that both the parties are distantly related and there was previous case lodged by petitioner no.1 against the members of the prosecution side. According to allegation, the deceased was accused in that case and warrant was issued and under tremendous mental pressure he committed suicide. It has further been submitted that lodging of a genuine case again any person is not an act of abetment for commission of suicide.

5. On the other hand, the learned APP for the State has opposed the prayer for anticipatory bail.

6. The informant has stated in his written report that petitioner no.1 had lodged a false case against his family members including the deceased and due to tremendous mental pressure he committed suicide.

7. The act of lodging of a case cannot be construed as abetment for commission of suicide.

8. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released 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 J.M. 1st Class, Patna

Patna High Court CR. MISC. No.35300 of 2025(4) dt.19-11-2025 3/3 City in connection with Khajekala P.S.Case No. 82 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS.

(Nawneet Kumar Pandey, J) HR/- U T