Patna High Court
Dipak Kumar Singh @ ChunuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court ordered anticipatory bail for the petitioner, subject to a bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Dipak Kumar Singh, was implicated in a case under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, for allegedly communicating with and blackmailing an informant's daughter, leading to her suicide. The petitioner contended that the allegations were false, highlighting a three‑month gap between the alleged suicide (30‑07‑2024) and the filing of the FIR (11‑12‑2024), and pointed out the lack of direct evidence linking him to the crime. The State opposed bail, emphasizing the seriousness of the alleged offences and the fact that the death occurred at the informant’s residence. The Court examined the delay, the nature of the evidence, and the statutory provisions governing anticipatory bail. It granted anticipatory bail, subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNS, 2023, to be executed before the Judicial Magistrate of Saran.
Issues considered
- Whether anticipatory bail should be granted under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the delay in filing the FIR and the absence of direct evidence warrant denial of bail.
- Whether the alleged conduct constitutes an offence punishable under the cited sections.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 108, 2(1)(d), 3(5), 482(2)
Subjects
- anticipatory bail
- suicide
- blackmail
- false allegations
- delay in FIR
- Bhartiya Nyaya Sanhita
- Section 108
- Section 3(5)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74369 of 2025
Arising Out of PS. Case No.-284 Year-2024 Thana- MAKER District- Saran
======================================================
Dipak Kumar Singh @ Chunu S/O Tarkeshwar Singh R/O Village-
Barahimour Chakarpan, P.S- Masharakh, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmod Ban Bihari Singh, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Maker P.S. Case No. 284 of 2024, dated 11.12.2024,
lodged under Sections 108 & 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, an FIR has been lodged
against the present petitioner alleging that he used to
communicate with the informant’s daughter, was in the habit of
showing her objectionable videos and photographs, and used to
blackmail her, as a result of which the informant’s daughter
committed suicide.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
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submits that the petitioner has a clean criminal antecedent. It is
further submitted that the marriage of the petitioner with the
informant’s daughter had already been fixed for 22.03.2025,
however, prior to the said date, the unfortunate occurrence took
place on 30.07.2024. He further submits that from the contents
of the FIR, it is clear that the informant had initially intimated
the police, pursuant to which a U.D. Case No. 06 of 2024 was
registered on 30.08.2024, whereas the alleged date of suicide is
30.07.2024. The present case, however, was instituted after a
lapse of about three and a half months, i.e., on 11.12.2024,
making false and fabricated allegations.
5. It is further submitted that, as noted in the rejection
order, as many as 1,460 calls were exchanged between the
deceased’s phone number (registered in the name of her brother)
and a phone number registered in the name of the petitioner’s
mother. However, there is nothing direct allegation against the
petitioner, and his name has been inserted in the present case
solely on the basis of false allegations.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that, in
this case, the case diary has been called for. It transpires from
the materials on record that the occurrence took place on
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30.07.2024, a U.D. Case was lodged on 30.08.2024, and the
present case has been instituted on 11.12.2024. Counsel also
fairly submits that the death of the informant’s daughter
occurred at the informant’s own house.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate, Saran at Chapra, in
connection with Maker P.S. Case No. 284 of 2024, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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