Patna High Court
Subhkant Jha @ Subhkant Murlidhar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Subhkant Jha, applied for bail in a case registered under Sections 108 and 3(5) of the B.N.S., 2023, alleging that he was falsely implicated in the suicide of a woman who was allegedly subjected to cruelty by his relatives. The prosecution claimed that the petitioner, as the grandfather of the informant, was involved in the cruelty that led to the suicide. The petitioner’s counsel argued that there was a one‑month delay between the alleged incident (06‑06‑2025) and the FIR (05‑07‑2025), that the petitioner was residing in Mumbai while the victims were in Jharkhand, and that the FIR lacked specific details of any physical or mental cruelty. The State opposed the bail, but the court, after considering the lack of substantive evidence and the delay, decided to enlarge the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail under the provisions of the Code of Criminal Procedure given the alleged delay in filing the FIR and lack of substantive evidence
- Whether the allegations of physical and mental cruelty leading to suicide constitute an offence under Sections 108 and 3(5) of the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 108, 3(5)
Subjects
- bail
- suicide
- cruelty
- delay in FIR
- Sections 108
- Section 3(5)
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4879 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- Nehra District- Darbhanga
======================================================
Subhkant Jha @ Subhkant Murlidhar Jha Son of Late Murlidhar Jha R/o
Village - Raghopur, P.S.- Nehra, District - Darbhanga at present residing at
Room No.32, Jay Bharat Rahivashi Sangh, Akurti Road, Vadar Pada, Near
Western Express Highway, Hanuman Nagar, P.S.- Kandivali East, District-
Suburban Mumbai, Maharashtra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Verma, Advocate
Mr. Nagendra Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard Mr. Umesh Kumar Verma, learned counsel for
the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Nehra P.S. Case No. 96 of 2025 registered for the offence
punishable under Sections 108, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner who is the grandfather of the informant. His father
and uncle have subjected her mother to cruelty, due to which she
has committed suicide.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.4879 of 2026(2) dt.03-02-2026
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committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner also submits that from
perusal of the FIR, it is clear that the occurrence is of
06.06.2025, whereas the FIR was lodged on 05.07.2025. There
is a delay of one month, and the delay is not explained. From
perusal of the FIR, it is clear that the petitioner was living in
Mumbai, whereas the deceased and the informant were living in
the Babu Dih district of Dhanbad in Jharkhand. He also submits
that two words have been found in the FIR, i.e., "physical" and
"mental cruelty," but no act of physical or mental cruelty is
described. He further submits that it is a case of suicide and the
petitioner is the father-in-law of the deceased. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 06.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.4879 of 2026(2) dt.03-02-2026
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of the like amount each to the satisfaction of the learned
A.C.J.M.-VI, Darbhanga in connection with Nehra P.S. Case
No. 96 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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