Patna High Court
Abhilash Kumar @ Abhilas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding insufficient evidence of abetment and deeming continued detention unwarranted.
Summary
The petitioner, Abhilash Kumar, was arrested under Section 108 of the B.N.S. for allegedly abetting the suicide of his girlfriend by sending obscene photographs and messages. The prosecution's case is based on an FIR stating that the deceased hanged herself after being distressed by the petitioner’s actions. The petitioner argued that there is no material evidence, such as chat logs, indicating he induced or instigated the suicide, and highlighted his clean criminal record and the possibility of a self‑inflicted act without his involvement. The State opposed bail, relying on the allegations in the FIR. The court, after considering the lack of concrete evidence of abetment and the length of the petitioner’s pre‑trial detention, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of the Sub‑Divisional Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 108 of the B.N.S. alleging abetment of suicide
- Whether the evidence on record sufficiently demonstrates the petitioner’s involvement in instigating the suicide
Legislation cited
- B.N.S. — s. 108
Subjects
- bail
- abetment of suicide
- Section 108
- obscene messages
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77190 of 2025
Arising Out of PS. Case No.-318 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Abhilash Kumar @ Abhilas Kumar Son of Rajesh Kumar Gupta Resident of
Dhkaram Naresh Niwas, Bhattha Road, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 108 of the B.N.S.
3. As per the prosecution case, the informant
alleged that on 24.10.2024 at about 07:00 p.m., he got
information on mobile that his daughter has committed suicide
by hanging herself as she was distressed due to actions of the
petitioner of sending obscene photographs and messages to her.
4. Learned counsel for the petitioner submits that
the present case is one under Section 108 of the B.N.S. and the
charge-sheet has also been submitted under the same Section
after investigation. It has been further submitted that the
petitioner and the deceased were in love relationship and it is
Patna High Court CR. MISC. No.77190 of 2025(4) dt.17-02-2026
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while undergoing the said relationship that the deceased
committed suicide, however, there is no material even as
indicated by the chats in the mobile phone, which would be
suggestive of the fact that the petitioner had in fact abetted the
commission of suicide by the deceased by inducing and
instigating her to do the same. The petitioner is in custody since
13.06.2025 with no criminal antecedent .
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the above-mentioned
facts and circumstances and also considering the possibility of
suicide without any apparent instigation, coupled with the
period of incarceration, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub-Divisional Judicial
Magistrate, Patna/concerned Court below in connection with
Shrikrishnapuri P.S. Case No. 318 of 2024.
(Soni Shrivastava, J)
anand/-
U T
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