Patna High Court
JITENDERA SINGH @ JITENDRA KUMAR @ RAJBIR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no sufficient basis to link him to the alleged abetment of suicide.
Summary
The petitioner, Jitendera Singh, was accused under Sections 306 and 34 of the Indian Penal Code for allegedly abetting the suicide of the informant's married sister. The petitioner contended that he merely provided shelter to the sister after she was ousted by her husband and that no coercion or demand for money for a second marriage was made by him. The prosecution argued that the petitioner was involved in the circumstances leading to the suicide. Relying on the facts that the sister was already married to another person and there was no evidence of the petitioner demanding money, the court found insufficient grounds to deny bail. Consequently, the court granted anticipatory bail, directing the petitioner to be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be granted anticipatory bail in a case of alleged abetment of suicide under Sections 306 and 34 IPC.
- Whether the petitioner’s actions constitute abetment of suicide as defined under the IPC.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 306, 34
Subjects
- anticipatory bail
- abetment of suicide
- IPC Section 306
- IPC Section 34
- bail under Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56543 of 2023
Arising Out of PS. Case No.-425 Year-2023 Thana- KANKARBAG District- Patna
======================================================
Jitendera Singh @ Jitendra Kumar @ Rajbir Singh S/O - Late Girja Singh
Resident Of Mohalla - Tisari, Police Station – Tisari, District- Giridih
(Jharkhand). ... ... Petitioner/S
Versus
The State Of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Kankarbagh P.S. Case No. 425 of 2023
registered for the offences punishable under Section 306/34 of the
Indian penal Code.
3. The allegation against the petitioner is to committing
abatement upon married sister of the informant for committing
suicide, who was mother of two childrens.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the sister of the informant was
married with one Jitendra Singh, Son of Late Arjun Singh, Village-
Ranisarai, P.S. Bakhtiyarpur, District- Patna but she was ousted by
her husband and, thereafter, she came in contact with this
Patna High Court CR. MISC. No.56543 of 2023(6) dt.27-01-2026
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petitioner who provided her shelter with her childrens. It is
submitted that petitioner contacted on several occasions to the
informant to care deceased and two minor childrens but every time
informant refused the same and in meantime as deceased was
very active on social media platform came into contact with one
Sintu Kumar and developed some relations with him. It is
submitted that as the marriage of deceased sister of the informant
was subsisting with Jitendra Singh, S/o Late Arjun Singh,
therefore, there is no occasion to ask for second marriage against
demand of Rupees four lacs, the reason which was supplied for
forcing the sister of the informant for committing suicide. It is
submitted that the aforesaid reason is not convincing.
5. Arguing further, it is submitted that sister of the
informant was living in one rented house, where she committed
suicide. It is submitted that act of petitioner nowhere of such
nature which may said to force sister of the informant to commit
suicide without leaving no other option and in support of the same,
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through Gurcharan Singh Vs. State of
Punjab reported in 2016 SCC onLine SC 1415. Petitioner
claimed clean antecedent.
6. Learned APP while opposing the prayer of
Patna High Court CR. MISC. No.56543 of 2023(6) dt.27-01-2026
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anticipatory bail fairly conceded that the petitioner was not the
husband of sister of the informant
7. In view of aforesaid factual submissions and by
taking note of fact as marriage of sister of the informant was
already subsisting with one another persons, namely, Jitendra
Singh, Son of Arjun Singh, prima facie creates a doubt qua
demanding cash for performing marriage, accordingly, above
named petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Additional Sessions Judge, XVIII,
Patna/concerned Court, where the case is pending in connection
with Kankarbagh P.S. Case No. 425 of 2023 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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