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Patna High Court

Amit Banik @ Amit Kumar BanikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.29742 of 2026(2) dt.05-05-2026
                                                        3/3




                      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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