Patna High Court
Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioner, Abhimanyu Kumar, sought anticipatory bail in connection with FIR No. 51 of 2025 alleging offences under Sections 376D, 302, 504, 506/34 and 120B IPC relating to the death of a young woman found hanging. The petitioner contended that the deceased had committed suicide, citing a post‑mortem report and a prior U.D. case, and asserted a clean antecedent, claiming the FIR was false and fabricated. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the post‑mortem findings, the timing of the complaint, and the petitioner's claim of innocence, and concluded that bail could be granted subject to strict conditions. Accordingly, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged murder, rape, and conspiracy offences.
- Whether the post‑mortem report indicating suicide justifies bail despite the seriousness of the charges.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- suicide
- murder
- IPC
- CrPC
- bail conditions
- false FIR
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68158 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- BANKA District- Banka
======================================================
Abhimanyu Kumar son of Ashok Yadav R/o Village- Urdwari, Police Station
-Fullidumar, District -Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 13-02-2026 Heard Mr.Ajay Mukharjee, learned counsel for
the petitioner and Mr.Upendra Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Banka P.S. Case No. 51 of 2025, FIR dated
27.01.2025 registered for the offence punishable under
Sections 376D, 302, 504, 506/34 and 120B of Indian Penal
Code.
3. As per FIR, on 10.05.2024, at about 05:00 PM,
when the informant returned home, she found the main
entrance door locked from inside. Upon calling out to her
daughter repeatedly and receiving no response, she became
suspicious. She then removed the grill curtain and looked
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inside the verandah, where she saw her daughter Radha Rani
@ Sapna hanging from the ceiling latch by means of a
ligature.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the
FIR. The fact of the matter is that on 10.05.2024, the daughter
of the informant has committed suicide herself in her house
and for this purpose, U.D. Case No. 11 of 2024 instituted
regarding death of the deceased namely, Radha Rani @
Sapna. Learned counsel for the petitioner further submits that
the present occurrence took place on 10.05.2024 but the
informant/complainant has filed the complaint petition on
29.05.2024 which was registered in the present F.I.R. on
27.01.2025. Apart from aforesaid, the postmortem report of
the deceased does not support the allegation as alleged in the
present F.I.R.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, and postmortem
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report of the deceased suggests that she has committed suicide
herself, let the petitioner, above named, in the event of his
arrest or surrender before the Court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate/Successor Court, Banka in
connection with Banka P.S. Case No. 51 of 2025 subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of BNSS, 2023 with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
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case at any stage, it is found that the petitioner has concealed
his/her criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
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