Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court denied anticipatory bail, holding that the FIR prima facie amounts to a dying declaration and the petitioner is alleged to have abetted suicide under Section 108.
Summary
The petitioner, Sagar Kumar, was named in an FIR under Section 108 of the Bhartiya Nyaya Sanhita, 2023 for allegedly abetting a 13‑year‑old girl’s suicide by forcing her to marry him. The petitioner’s counsel argued that the case was false, stemming from a family feud, and that the FIR did not show a direct or active act compelling the suicide; he also cited the Supreme Court’s decision in Gurcharan Singh v. State of Punjab. The prosecution contended that the FIR was essentially a dying declaration, based on the deceased’s statement recorded in hospital, and highlighted the petitioner’s mobile number as evidence. The court examined whether the FIR could be treated as a dying declaration and whether the allegations satisfied the threshold for anticipatory bail under Section 108. Concluding that the FIR prima facie indicated abetment of suicide and functioned as a dying declaration, the court rejected the petitioner’s anticipatory bail application.
Issues considered
- Whether the FIR constitutes a dying declaration sufficient to deny anticipatory bail
- Whether the petitioner’s alleged conduct amounts to abetment of suicide under Section 108 of the Bhartiya Nyaya Sanhita, 2023
- Whether anticipatory bail should be granted in light of the allegations
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 108
Subjects
- anticipatory bail
- abetment of suicide
- dying declaration
- Section 108
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41235 of 2026
Arising Out of PS. Case No.-535 Year-2025 Thana- MANER District- Patna
======================================================
Sagar Kumar S/o Indrajeet Paswan @ Anarajit Paswan, Resident of Village-
Gyaspur, P.S.- Maner, District- Patna at present residing Resident at Mohalla-
Khagaul, P.S.- Khagaul, Distt- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Maner P.S. Case
No.535 of 2025 registered under Sections 108 of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. Allegation against petitioner is to abet the
informant to commit suicide, as petitioner was alleged to
force the deceased to solemnize marriage with him out of
previous acquaintance.
4. It is submitted by learned counsel appearing for
petitioner that admittedly the maternal uncle’s village of
deceased and village of petitioner is same, where parents of
Patna High Court CR. MISC. No.41235 of 2026(2) dt.30-06-2026
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the deceased was in inimical terms with maternal uncle of
the petitioner and out of said enmity, the present false case
was lodged. It is pointed out that the signature of
informant/deceased is also not matching on fardbeyan and
the entire implication is on the instance of the parents of the
deceased. It is submitted that out of allegation as raised
through FIR, it cannot be said that the act of petitioner is so
active or direct, which forced the informant/deceased to
commit suicide, without leaving any other options. In support
of his submission, learned counsel has relied upon legal
report of Hon’ble Supreme Court as available through
Gurcharan Singh vs. State of Punjab [(2017) 1 SCC
433]. The petitioner claimed clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the FIR is like dying declaration, as same was
lodged on the basis of fardbeyan of informant/deceased
recorded in hospital. It is submitted that the mobile No.
mentioned in the FIR i.e. 7488291078 is admittedly belongs
to this petitioner. It is pointed out that due to repeated
demand and threat to solemnize marriage as advanced by
Patna High Court CR. MISC. No.41235 of 2026(2) dt.30-06-2026
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petitioner, the informant committed suicide after consuming
pesticides, who was just 13 years old at the time of
occurrence.
6. In view of aforesaid factual submissions and by
taking note note of fact as FIR is prima facie appearing in
nature of dying declaration as same was authored by
informant/deceased herself soon before her death, raising
specific allegation against this petitioner as to force her to
commit suicide, accordingly, the prayer of anticipatory bail of
petitioner stands rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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