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Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.68158 of 2025(4) dt.13-02-2026
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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
Patna High Court CR. MISC. No.68158 of 2025(4) dt.13-02-2026
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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
           Patna High Court CR. MISC. No.68158 of 2025(4) dt.13-02-2026
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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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