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Patna High Court

Vipul Kumar @ Bipul Kumar @ Bipul BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Vipul Kumar and Vinita Kumari, were implicated in a case of abetment of suicide (IPC Sections 306 and 34) arising from the death of Rajiv, who allegedly hanged himself on 25.04.2022. The prosecution alleged that the petitioners had tortured and pressured Rajiv to marry Vinita, demanding compensation, which led to his mental stress and suicide. The petitioners contended that they were falsely implicated, had no direct evidence against them, and possessed clean antecedents. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, allowed the anticipatory bail application, directing release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure, 1973.
  • Whether the material on record justifies denial of bail in a case of alleged abetment of suicide under IPC Sections 306 and 34.

Legislation cited

Subjects

  • anticipatory bail
  • abetment of suicide
  • IPC 306
  • IPC 34
  • bail bond
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45405 of 2025
                      Arising Out of PS. Case No.-133 Year-2022 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     Vipul Kumar @ Bipul Kumar @ Bipul Bhagat S/o Rajeshwar Bhagat R/o
                  vill - Hariharpur, P.S. - Sadar Hajipur, Distt.- Vaishali
           2.    Vinita Kumari D/o Rajeshwar Bhagat R/o vill - Hariharpur, P.S. - Sadar
                 Hajipur, Distt.- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Ms.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   19-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The       petitioners     apprehend       their    arrest     in

                   connection with Lalganj P.S. Case No. 133 of 2022 registered for

                   the offence under Sections 306, 34 of the Indian Penal Code.

                                   3. As per the prosecution case, Informant Mahendra

                   Bhagat reported that on 25.04.2022, his son Rajiv committed

                   suicide by hanging. Accused Vipul Kumar and Vinita Kumari

                   allegedly tortured and abetted his suicide by pressurizing the

                   already-married Rajiv to marry Vinita Kumari, threatening him

                   and demanding compensation, causing him severe mental stress.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have
              Patna High Court CR. MISC. No.45405 of 2025(6) dt.19-02-2026
                                                          2/2




                        falsely been implicated in this case. It is next submitted that

                        petitioner no. 1 is the brother of petitioner no. 2 who was talking to

                        the deceased on mobile phone who was a married person having

                        two children. Learned counsel lastly submits that the deceased had

                        committed suicide and there is no direct evidence or material

                        against the petitioners. Petitioners have clean antecedent.

                                         5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application is

                        allowed.

                                        7. Let the petitioners, above named, in the event of

                        their arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned Chief Judicial

                        Magistrate, Vaishali at Hajipur/ concerned Court below in

                        connection with Lalganj P.S. Case No. 133 of 2022, subject to the

                        conditions laid down in Section 438(2) of the Code of Criminal

                        Procedure, 1973 / Section 482 of the BNSS.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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