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Patna High Court

Vikram PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Vikram Paswan, applied for anticipatory bail in a case where he was alleged to have assaulted the informant and, indirectly, caused the informant's daughter to commit suicide. The FIR charged him under Sections 115(2), 108, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023. The petitioner argued that he was merely in a consensual love relationship with the deceased and had no role in her suicide. The prosecution contended that his assault on the informant led to the daughter’s suicide. Considering the nature of the allegations and the lack of evidence of abetment, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with the lower court’s directions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner accused under Sections 115(2), 108, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged assault on the informant amounts to abetment of the daughter’s suicide.
  • Whether the petitioner is likely to tamper with evidence or influence witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • abettor of suicide
  • love relationship
  • criminal law
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bhartiya Nyaya Sanhita
  • Section 115(2)
  • Section 108
  • Section 352
  • Section 351(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10378 of 2026
                   Arising Out of PS. Case No.-132 Year-2025 Thana- HARPUR District- East Champaran
                 ======================================================
                 Vikram Paswan S/o- Hirday Paswan @ Hriday Pasawan Village- Uchhidhi,
                 P.S.- Harpur, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Kant Singh
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   23-04-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Harpur Police Station Case No. 132 of 2025, dated

                            03.11.2025,       disclosing     offences       punishable       under

                            Sections 115(2)/108/352/351(2) of the Bhartiya Nyaya

                            Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the daughter of the informant was having chat with

                            the petitioner on mobile. The informant arranged his

                            daughter’s marriage at some other place. On 02.01.2025,

                            the daughter of the informant was found talking with the

                            petitioner and when the informant told her not to talk with

                            him, in the evening the petitioner came to the house of the
Patna High Court CR. MISC. No.10378 of 2026(3) dt.23-04-2026
                                            2/3




                   informant, started abusing and assaulting him and also

                   threatened to lift his daughter. When the informant went

                   to neighbouring villagers, the daughter of the informant

                   locked herself inside the room and committed suicide by

                   hanging.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner was having love relationship with the deceased

                   and they used to talk on the mobile phones, which was

                   objected by the informant. There is no allegation that the

                   petitioner abetted in suicide committed by the daughter of

                   the informant and take active participation in it.

              5.   Learned Additional Public Prosecutor submits that when

                   the informant objected his daughter not to talk with the

                   petitioner, the petitioner came at the house of the

                   informant, abused and assaulted him, due to which the

                   daughter of the informant committed suicide.

              6.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the nature of

                   allegation made in the First Information Report and the

                   fact that the petitioner and the deceased were having love

                   relationship, which was objected by the informant, I am

                   inclined to grant the petitioner privilege of anticipatory
            Patna High Court CR. MISC. No.10378 of 2026(3) dt.23-04-2026
                                                        3/3




                               bail.

                          7. This application is, accordingly, allowed.

                          8.   Let the petitioner, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               four weeks from today, be released on bail on furnishing

                               bail bond of Rs. 10,000/- (ten thousand) with two sureties

                               of the like amount each to the satisfaction of learned

                               Judicial Magistrate, 1st Class, East Champaran, at

                               Motihari, in connection with Harpur Police Station Case

                               No. 132 of 2025, subject to the condition laid down under

                               Section 482 (2) of the Bharatiya Nagarik Suraksha

                               Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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