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Patna High Court

Abhilash Kumar @ Abhilas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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