Patna High Court
Jitendra Kumar @ ParoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 108, 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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
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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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