Patna High Court
Sanjeev Suman @ Sanjeev Kumar SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted, subject to a bond of Rs. 10,000 and two sureties.
Summary
The petitioner, Sanjeev Suman, applied for bail in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging involvement in the alleged murder of his infant daughter. The prosecution’s case is based on the informant’s allegation that the petitioner’s wife’s family members tortured the informant and drowned the child, with the FIR filed 22 days after the incident. The petitioner contended that the complaint specifically names his mother‑in‑law and sister‑in‑law, that a prior unrelated case was filed by the informant’s brother, and that the post‑mortem report shows death by asphyxia due to drowning with no external injuries. He also highlighted his lack of criminal antecedents and that the charge‑sheet had already been filed. After hearing both sides, the court considered the delay in filing, the nature of the allegations, and the petitioner’s custody status, and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The order reflects the court’s discretion to grant bail where the evidence does not warrant continued detention.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegations.
- Whether the delay in filing the FIR and the post‑mortem findings affect the necessity of continued custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- domestic violence
- murder
- Bharatiya Nyaya Sanhita
- Sections 103(1)
- Section 3(5)
- post‑mortem
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14696 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Sanjeev Suman @ Sanjeev Kumar Suman, S/o Kamlu Yadav, R/o Vill.-
Alauli, P.S.- Alauli. Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Alauli P.S. Case No. 303 of 2025 dated 08.07.2025
registered for the offence punishable under Sections 103(1)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
informant has alleged that she was being tortured by the
husband, mother-in-law and sister-in-law and ousted from
the matrimonial home by saying that she only gives birth to
female child. The informant has further alleged that her
mother-in-law and sister-in-law have killed her daughter
aged about one year by drowning her in water kept in a
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bucket. It is also alleged by the informant that earlier also
one of her daughter has been killed by the accused persons.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that there is specific allegation in
the written complaint against her mother-in-law and sister-
in-law. It is further submitted that for the same occurrence
on 16.06.2025 a U.D. Case No. 1026 of 2025 has been
lodged by the brother of the informant. Further, it is
submitted that post-mortem has been done on 17.06.2025. It
is apparent from the post-mortem report that there is no any
external injury and cause of death has been mentioned as
Asphyxia leading to cardio respiratory failure due to
drowning. The present F.I.R. has been lodged on 08.07.2025
by the informant after 22 days of the occurrence. The
petitioner is in custody since 20.08.2025, having no
criminal antecedents and charge-sheet has been submitted in
the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
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of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
J.M-Ist Class, Khagaria in connection with Alauli P.S. Case
No. 303 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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