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Patna High Court

Sushila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners did not prima facie satisfy the statutory ingredients of abetment of suicide under Section 108 B.N.S., and therefore anticipatory bail was granted.

Summary

The petitioners sought anticipatory bail in a case where the son of an informant had allegedly committed suicide, allegedly after threats from the petitioners concerning dowry demands. The suicide note claimed the deceased was harassed by his wife’s family, who threatened legal action if he did not pay money. The petitioners contended they were falsely implicated and that no act of instigation, conspiracy, or intentional aid – the ingredients of abetment under Section 108 B.N.S. read with Section 45 – was present. The court examined the statutory definition of abetment and relevant Supreme Court precedents (Rajesh v. State of Haryana and Madan Mohan Singh v. State of Gujarat). Finding no prima facie evidence of abetment, the court allowed the petition and directed that the petitioners be released on bail with specified conditions. The order is limited to the bail matter and does not affect the trial court’s further proceedings.

Issues considered

  • Whether the facts alleged constitute abetment of suicide under Section 108 of the B.N.S., read with Section 45.
  • Whether anticipatory bail can be granted in view of the alleged allegations of dowry‑related harassment and suicide.

Legislation cited

Subjects

  • anticipatory bail
  • abetment of suicide
  • Section 108 B.N.S.
  • dowry harassment
  • suicide note
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.56754 of 2025
                         Arising Out of PS. Case No.-207 Year-2025 Thana- BARH District- Patna
                 ======================================================
           1.     Sushila Devi W/O Lakshmi Sah @ Laxmi Saha Village- Judanwanpur, P.S.-
                  Judanwanpur, District- Vaishali
           2.    Mantu Sao @ Mantu Kumar S/O Lakshmi Sah @ Laxmi Saha Village-
                 Judanwanpur, P.S.- Judanwanpur, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 61353 of 2025
                         Arising Out of PS. Case No.-207 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Neetu Kumari W/O Late Sujit Kumar, D/O Lakshmi Sah @ Laxmi Saha R/O
                 Village- Dayachak, Naya Tola, Ward No. 25, P.S- Barh, District- Patna, At
                 present residing at Village- Judanwanpur, P.S- Judanwanpur, Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In Criminal Miscellaneous No. 56754 of 2025)
                 For the Petitioner/s    :       Mr. Rajesh Kumar Mishra, Advocate
                                                 Mr. Basant Kumar, Advocate
                                                 Mr. Aditya Pandey, Advocate
                 For the State           :       Mr. Upendra Kumar, APP
                 (in Criminal Miscellaneous No. 61353 of 2025)
                 For the Petitioner/s    :       Mr. Rajesh Kumar Mishra, Advocate
                                                 Mr. Basant Kumar, Advocate
                                                 Mr. Aditya Pandey, Advocate
                 For the State           :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

8   02-02-2026                 Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The present petition has been filed on behalf of the
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          petitioners, apprehending their arrest, in connection with Barh

          P.S. Case No. 207 of 2025 dated 17.03.2025 registered for the

          offences punishable under Sections 108 and 3(5) of B.N.S.,

          2023.

                       3. As per allegation, the son of the informant

          committed suicide at night at 1:00 AM in his own house on

          17.03.2025. The father of the deceased came to know about the

          suicide when two friends of his son came to his house saying

          that the deceased has sent one message on mobile that he is

          committing suicide due to being fed up with harassment caused

          by his wife, mother-in-law and son-in-law. When the father of

          the informant along with friends came to the room of the

          deceased, they found the room locked and when they entered

          into the room, he was hanging from the fan. The police was

          called on dial number 112. The police came and door was

          opened and the son of the informant was taken down from the

          fan and taken to the hospital where he was declared dead. In the

          room, one suicide note of the deceased-son was found. As per

          the suicide note, the income of the deceased was about Rs.

          9,000/- to 10,000/- per month and he used to pay his wife as

          expense money, but she always used to complain that he is not

          paying any money and her mother and brother, who are
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          petitioners herein, used to harass him saying that if he does not

          pay to his wife as she is asking for, they would file one dowry

          demand case against him and his family members and they will

          spend their life in jail. By such threat, he was fed up and

          commits suicide.

                       4. Learned counsel for the petitioners submits that the

          Petitioners are innocent and have falsely been implicated in this

          case. He further submits that the wife of the deceased was living

          with her parents at her maike and no such threat was given to

          the deceased by the petitioners. He further submits that as per

          the allegation made in the written report and material on record,

          no case is made out of abetment of suicide as defined under

          Section 108 B.N.S. read with Section 45 of B.N.S. He refers to

          and relies upon the judgment of Rajesh Vs. State of Haryana

          as reported in (2020) 15 SCC 359 and Madan Mohan Singh

          Vs. State of Gujarat and Anr. as reported in (2010) 8 SCC

          628.

                       5. However, learned APP for the State vehemently

          opposes the prayer of the Petitioners for bail submitting that it is

          a clear case of abetment of suicide and hence, the petitioners are

          not entitled to get privilege of anticipatory bail at this stage.

                       6. I considered the submission advanced by both the
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          parties and perused the materials on record.

                       7. Section 108 B.N.S. provides for punishment for

          abetment of suicide. It reads as follows :

                “108. Abetment of suicide.- If any person commits
                suicide, whoever abets the commission of such suicide,
                shall be punished with imprisonment of either description
                for a term which may extend to ten years, and shall also be
                liable to fine.”

                       8. Section 45 B.N.S. defines what is abetment of a

          thing. It reads as follows :

                “45. Abetment of a thing. - A person abets the doing of a
                thing, who: -
                (a) instigates any person to do that thing; or
                (b) engages with one or more other person or persons in
                any conspiracy for the doing of that thing, if an act or
                illegal omission takes place in pursuance of that
                conspiracy, and in order to the doing of that thing; or
                (c) intentionally aids, by any act or illegal omission, the
                doing of that thing.”
                       9. In Rajesh Case (supra), there was suicide note in

          which the deceased had stated that the false allegation of

          demand of dowry was made against him and a panchayat was

          also conducted in which there was an attempt to assault him.

          There was continuous threat from his father-in-law, brother-in-

          law and sister-in-law that his family members would also be

          implicated in a criminal case and unable to withstand the

          harassment, the deceased took the extreme steps of committing

          suicide. Here, Hon’ble Supreme Court after referring to relevant
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          case laws held that the appellant could not be held guilty of

          committing suicide by the deceased, because there was neither

          provocation, nor encouragement by the appellant to the

          deceased to commit an act of suicide.

                       10. In Madan Mohan Singh Case (supra), the

          deceased had left suicide note in which he had stated that his

          Senior Officer is responsible for his commission of suicide who

          has not cooperated as human being in his functioning. Here

          again, Hon’ble Supreme Court held that intention of the accused

          to aid or to instigate or to abet the deceased to commit suicide is

          a must for this particular offence under Section 306 IPC. But

          there is nothing in the suicide note or FIR which constitutes the

          ingredients of the offence punishable under Section 306 IPC.

                       11. As such, it transpires that to attract the offence

          under Section 108 BNS, there must be one of the following

          three ingredients : (i) instigating the deceased to commit suicide,

          (ii) entering into conspiracy with one or more persons for

          commission of the suicide, if an act or illegal omission takes

          place in pursuance of that conspiracy or (iii) there is intentional

          aids by any act or illegal omission in commission of the suicide.

          But in the allegation as emerging from the FIR and suicide note,

          there is no fulfillment of any of the aforesaid ingredients of the
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          offence of abetment of suicide punishable under Section 108

          BNS, because neither is there any instigation on the part of the

          petitioners to commit suicide, nor is there any aiding to the

          deceased to committing suicide, nor is there any conspiracy for

          the sake of commission of the suicide of the deceased. Though

          the extreme steps taken by the deceased is unfortunate, but

          petitioners can not be prima facie held to be guilty of

          commitment of abetment of suicide.

                       12. In view of the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioners above-named,

          to be enlarged on bail, in the event of their arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on their

          furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of learned concerned Court below, in connection

          with Barh P.S. Case No. 207 of 2025, subject to the conditions

          as laid down under Section 482 (2) B.N.S.S., 2023 and on the

          following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioners have any criminal antecedents other

          than the disclosed one, learned court below shall cancel the bail
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                         bonds of the petitioners after hearing them and getting satisfied

                         that the petitioners have concealed their criminal antecedents

                         despite their knowledge of the same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the

                         petitioners.

                                      13. However, the observations made in this order will

                         have no bearing on the further proceeding before the learned

                         Trial Court. This observation is made only for the disposal of

                         the present petition.



                                                                     (Jitendra Kumar, J)
shoaib/-

U          T


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