Patna High Court
Amit Banik @ Amit Kumar BanikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Amit Banik, was arrested on 17 February 2026 in connection with a case alleging that he and his family tortured his daughter, leading to her suicide. He was charged under Sections 306 and 34 of the Indian Penal Code for abetment of suicide and common intention. The petitioner contended that he was innocent, not present at the father’s house where the death occurred, and was being implicated merely as the husband of the deceased. The prosecution opposed bail, citing the alleged continuous torture and the petitioner’s prior criminal antecedent for which he was already on bail. After hearing both sides, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedent. The order directed that failure to comply would lead to cancellation of bail.
Issues considered
- Whether bail can be granted to an accused charged under Sections 306 and 34 of the IPC in view of alleged continuous torture and a prior criminal antecedent?
Legislation cited
- Indian Penal Code — s. 306, 34
Subjects
- bail
- abetment of suicide
- IPC Section 306
- IPC Section 34
- criminal antecedent
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29742 of 2026
Arising Out of PS. Case No.-197 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Amit Banik @ Amit Kumar Banik S/O Govind Chandra Banik Resident of
Belbagh bangali Colony, P.S.- Bettiah (Town), Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Sanjeev Kumar Shrivastava, learned
counsel for the petitioner as well as Mr. Ajit Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Bettiah (Town) P.S. Case No.
197 of 2024, F.I.R. dated 04.05.2024 for the offences punishable
under Sections 306 and 34 of the Indian Penal Code.
3. According to the prosecution’s case, the informant
has alleged that, due to continuous torture inflicted by the
petitioner and his family members his daughter committed
suicide.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.29742 of 2026(2) dt.05-05-2026
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present case merely on the ground that he is husband of the
deceased. Infact the petitioner has no role at all in the present
occurrence and deceased had died in her father’s house and
petitioner was not present at the place of occurrence and he is in
custody since 17.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that due to continuous torture inflicted by the petitioner
and his family members the deceased had committed suicide
and apart from that the petitioner carries one criminal
antecedent in which he is on bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Chief
Judicial Magistrate, West Champaran, Bettiah in connection
with Bettiah(Town) P.S. Case No. 197 of 2024, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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