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Patna High Court

Dipak Kumar Singh @ ChunuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.74369 of 2025(5) dt.19-03-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.74369 of 2025(5) dt.19-03-2026
                                                      3/3




                    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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