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Patna High Court

Jitendra Kumar @ ParoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations do not prima facie constitute abetment of suicide and therefore granted bail to the petitioners.

Summary

Jitendra Kumar and Veena Devi were arrested under an FIR alleging they abetted the suicide of the informant’s daughter, claiming they forced her to marry the male petitioner and abused her, leading to her ingestion of pesticide. The petitioners contended that the allegations were fabricated and that the victim’s own statement, recorded while she was hospitalized, showed she acted out of anger after being scolded, with no direct or active involvement by the petitioners. The court noted that the victim’s statement did not mention any marriage or coercive act by the petitioners and that the alleged conduct did not amount to prima facie abetment of suicide. Relying on the Supreme Court’s reasoning in Gurcharan Singh v. State of Punjab, the court found no sufficient basis to deny bail. Consequently, the petitioners were ordered to be released on bail upon furnishing the prescribed bond and sureties.

Issues considered

  • Whether the alleged conduct of the petitioners constitutes abetment of suicide under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the FIR is founded on sufficient material to justify continued detention.
  • Whether bail should be granted in view of the facts and the victim’s statement.

Legislation cited

Subjects

  • abetment of suicide
  • bail
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • false FIR
  • suicide
  • Section 108
  • Section 3(5)
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36585 of 2026
                      Arising Out of PS. Case No.-147 Year-2026 Thana- JAKKANPUR District- Patna
                 ======================================================
           1.     Jitendra Kumar @ Paro, S/o Late Ram Jiwan Sao @ Late Ramjivan Saw
           2.    Veena Devi, W/o Jitendra Kumar @ Paro,
                 Both are R/o - Mahdipur (Mahadipur), P.S,-Punpun, District- Patna at
                 present R/o Jai Prakash Nagar, Nanhe Kirana Store, P.S.-Jakkanpur, District-
                 Patna

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Jakkanpur

                   P.S. Case No.147 of 2026 registered under Sections 108

                   read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short

                   ‘BNS’).

                                3. As per FIR, both petitioners alleged to abet the

                   daughter of informant to commit suicide, when she joined

                   the house of petitioners to care them, as the deceased is the

                   own sister of petitioner no.2 and sister-in-law of petitioner
Patna High Court CR. MISC. No.36585 of 2026(2) dt.16-06-2026
                                            2/4




          no.1. Petitioner no.1 also alleged to solemnize the marriage

          with deceased daughter of the informant.

                       4. It is submitted by learned counsel appearing for

          petitioners that the allegation is completely concocted and

          manufactured without having any cogent material and same

          can be gathered from the fardbeyan of the deceased herself,

          which was recorded by Sub Inspector, Vijay Kumar during

          the course of investigation while she was hospitalized in

          Himalayan Hospital. Taking note of statement of victim, it is

          submitted that the deceased joined the house of petitioners

          being relative and when she was scrolling her mobile in late

          night of 13.02.2026 was scolded by petitioner no.2 and was

          also abused and, thereafter, out of anger, she consumed

          pesticides, leading to her death. It is pointed out that the act

          as alleged against petitioner no.2, who is none but the elder

          sister of the deceased is not of such direct or active in

          nature, which may said to force the deceased to commit

          suicide, without leaving any other option. In support of his

          submission, learned counsel has relied upon legal report of

          Hon’ble Supreme Court as available through Gurcharan
Patna High Court CR. MISC. No.36585 of 2026(2) dt.16-06-2026
                                            3/4




          Singh vs. State of Punjab [(2017) 1 SCC 433]. It is

          submitted that the allegation of marriage was not approved

          by the deceased. In this connection, it is further submitted

          that aforesaid statement was recorded on 13.02.2026 but,

          as the hospital was in different police station, it took

          sometime in forwarding to jurisdictional police station in the

          meantime, on the basis of concocted allegation, the present

          FIR was lodged on 15.02.2026 by the father of the

          deceased, who is father of petitioner no.2 and father-in-law

          of petitioner no.1

                       5. Learned APP while opposing the prayer of bail

          could not disputed the aforesaid factual submissions.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the statement of victim dated

          13.02.2026 recorded by S.I., while she was hospitalized in

          Himalayan Hospital, nowhere speaks that she married with

          petitioner no.1 contrary to the allegation as raised through

          FIR, coupled with the fact that that the act of both

          petitioners in terms of said statement appears nowhere of

          such active or direct in nature, which may prima facie forced
          Patna High Court CR. MISC. No.36585 of 2026(2) dt.16-06-2026
                                                      4/4




                    deceased to commit suicide, without leaving no any other

                    option, accordingly, both above-named petitioners,          in the

                    event of their arrest or surrender in the court below within a

                    period of four weeks, are directed to be released on bail, on

                    furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                    each with two sureties of the like amount each to the

                    satisfaction of the learned A.C.J.M.-VIII, Patna in connection

                    with Jakkanpur P.S. Case No.147 of 2026, subject to the

                    conditions as laid down under Section 438(2) of the

                    CrPC/under Section 482(2) of the BNSS.


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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