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Patna High Court

Sagar KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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
                                                       3/3




                     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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