Patna High Court
Amit Banik @ Amit Kumar BanikversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that anticipatory bail could not be granted as the allegations of abetment of suicide were serious and the material suggested the petitioner’s involvement.
Summary
The petitioner, Amit Banik, was implicated in a case (PS‑Bettiah Case No.197 of 2024) alleging that he threatened his wife, leading her to commit suicide on 1 May 2024. The prosecution alleged that Banik, along with other family members, had repeatedly abused and harassed the deceased, and that on 20 April 2024 he threatened to kill her if she did not commit suicide, which allegedly caused her death. Banik filed an anticipatory bail application, claiming innocence and lack of substantive evidence linking him to the suicide. The State opposed the bail, emphasizing the seriousness of the allegations and the testimony of the deceased’s daughter that her father’s threats caused the suicide. The Court, after considering the gravity of the charge under Sections 306 and 34 of the IPC and the material presented, declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted to a person accused of abetment of suicide under Section 306 IPC and common intention under Section 34 IPC.
- Whether the material on record is sufficient to justify the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 306, 34
Subjects
- anticipatory bail
- abetment of suicide
- section 306 IPC
- section 34 IPC
- domestic violence
- criminal law
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61209 of 2025
Arising Out of PS. Case No.-197 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Amit Banik @ Amit Kumar Banik S/O Govind Chandra Banik R/O Belbagh,
Bangali Colony, P.S.- Bettiah (Town), District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
For the Informant : Mr. Sharad Kumar Verma, Adv
Mr. Umesh Chandra Verma, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bettiah (Town) P.S. Case No. 197 of 2024 registered for
the offence punishable under Sections 306, 34 of the IPC.
3. The case of the prosecution, in short, is that the
daughter of the informant, Anita was married to Amit Banik of
the same neighborhood on 25.12.2007. They have a daughter,
Aparna Banik, and a son, Apti Banik. The daughter of the
informant was teaching in a private school and her husband and
in-laws would seize the money she earned. When she asked for
money for necessities, she was severely beaten and tortured.
During the COVID-19 pandemic, when her income stopped, the
abuse from her husband and in-laws intensified and finally on
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15.05.2023, they beaten her, snatched all her belongings,
including her children's and threw her out of the house. As a
result, she came to her parents' house with her children. When
she went back on 16.06.2023 to collect some clothes and other
belongings for her children, she was beaten and chased away.
She then filed a case of domestic violence and maintenance,
which is pending in court. While living at her parents' house, for
the past 4-5 months, due to debt and financial difficulties, she
had started teaching again to secure her children's future. Even
while living at her parents' house, whenever her daughter went
out to buy necessities, her husband Amit Banik, brother-in-law
Alok Banik and Goldy Banik, Munni Chaudhary, and Hashi
Haldar would all verbally abuse her and make it difficult for her
to even go out on the street, forcing her to contemplate suicide.
Even while travelling for teaching job, all of the above-
mentioned persons used to harass her in various ways. On
20.04.2024 at about 5:00 P.M., Amit Banik threatened that he
will kill her within 10 days if she would not commit suicide as
she has tarnished their reputation by filing a case. Following
this, his daughter became very withdrawn, and under this
pressure, she committed suicide on 01.05.2024 at around 4-5
P.M.
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
has falsely been implicated in the present case for ulterior
motive. There is absolutely no cogent, reliable and substantive
material to prove the death of the deceased on account of
petitioner’s abetment.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the seriousness of the allegation
levelled against the petitioner that on 24.04.2024 at about 5:00
P.M., the petitioner is alleged to have threatened the deceased-
wife to kill her within ten days if she would not commit suicide
as she has tarnished the reputation of the petitioner by filing a
case, as a consequence of which she was compelled to suicide
and also the fact that the petitioner’s daughter Aparna has also
stated that her mother has committed suicide because of her
father (petitioner). Under these circumstances, this Court is not
inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
U T
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