Vivek KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42818 of 2026
                  Arising Out of PS. Case No.-12 Year-2026 Thana- KHODAWANDPUR District- Begusarai
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                 Vivek Kumar Son of Sudheer Rai @ Sudhir Ray Resident of Village-
                 Mohanpur, Ward No. 1, P.S.- Khodawandpur, District- Begusarai
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Saroj Kumar Sharma, Advocate
                 For the Opposite Party/s :      Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Khodawandpur P.S.

                   Case No. 12 of 2026 registered for the offences punishable under

                   Sections 108 of the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. The allegation against the petitioner is to call the minor

                   daughter of the informant from different mobile Nos. 6206403646,

                   9199325794 & 8873697552. It is alleged that accused/petitioner

                   kept the minor daughter of the informant under love trap, luring,

                   coaxing, making false promises, mental pressure, threats,

                   defamation        and      emotional     exploitation      through      phone

                   messages/call from the aforesaid mobile numbers, due to which

                   the daughter of the informant got extremely upset as disclosed by
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          her and due to aforesaid behaviour of the accused/petitioner, she

          committed suicide.

                   4. Learned counsel appearing on behalf of the petitioner

          submitted that petitioner was in talking terms with the informant

          being co-villager. It is submitted that he also visited on and off to

          the house of the informant related with neighbourhood/village

          issues, but the allegation, as alleged, is completely false and

          concocted. It is submitted by learned counsel that in fact informant

          was in extramarital affairs, due to which they usually quarreled

          with each other, for which the minor daughter of the informant

          was getting very upset and, therefore, she committed suicide and

          just to save himself from legal clutches, the petitioner, who is an

          innocent person and helped the informant on different occasion,

          was implicated falsely with the present crime in question. It is

          submitted by learned counsel that nothing alleged through FIR or

          nothing transpired during investigation, which may suggests that

          the act of petitioner was so active or direct which forced the minor

          daughter of the informant to commit suicide without leaving any

          other option. In support of his submission, learned counsel relied

          upon the legal report of Hon’ble Supreme Court as available

          through Gurucharan Singh Vs. State of Punjab reported in

          (2017) 1 SCC 433. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State, while opposing the prayer
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                     for anticipatory bail of the petitioner, submitted that allegation is

                     specifically available against the petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as the basis of implication prima facie

                     appears founded upon suspicion out of phone calls etc., where

                     nothing alleged to suggest that the act of petitioner was so active

                     or direct which forced the minor daughter of the informant to

                     commit suicide without leaving no other option, accordingly,

                     above-named petitioner, who is a man of clean antecedent, in the

                     event of his arrest/surrender within a period of four weeks from

                     this order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned S.D.J.M., Manjhaul,

                     Begusarai/concerned court in connection with Khodawandpur P.S.

                     Case No. 12 of 2026, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T