Patna High Court
Mandeep singh @ Mandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the abetment allegation was remotely connected to the suicide and therefore granted bail to the petitioners under its inherent powers.
Summary
The petitioners, who are relatives of the deceased, were named in an FIR for allegedly abetting the suicide of the informant's son under Sections 108 and 3(5) of the BNS. The alleged motive was a dispute over a Rs. 15 lakh gift given at the deceased's marriage. The petitioners argued that the abetment allegation was remote, lacking a direct nexus, and cited the Supreme Court decision in Gurucharan Singh v. State of Punjab. The prosecution contended that the petitioners pressured the deceased to return the gift, leading to his suicide. The Court examined the prima facie evidence and, finding the connection tenuous, exercised its inherent powers under Section 482(2) of the BNSS to grant bail to all petitioners, subject to a bond and sureties. The order directed their release within four weeks of surrender or arrest.
Issues considered
- Whether the allegations of abetment of suicide under Sections 108 and 3(5) of the BNS are prima facie sufficient to deny bail.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail in the present circumstances.
Legislation cited
Subjects
- abetment of suicide
- bail
- inherent powers
- Section 108
- Section 3(5)
- Section 482(2)
- family dispute
- gift restitution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79530 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
1. Mandeep singh @ Mandeep Kumar S/O Rampravesh singh @ Pravesh
Singh Resident of Village Bajedpur, P.S. Tekari, District- Gaya.
2. Sushma Singh @ Kalawati Devi Wife of Pramod Singh @ Pramod Kumar
Singh @ Pramod Kumar. Resident of Village-Lakhipur Koli, P.O. Phatehpur,
P.S. Gaurichak, District- Patna.
3. Pramod Singh @ Pramod Kumar Singh @ Pramod Kumar Son of Late
Sudarshan Singh Resident of Village-Lakhipur Koli, P.O. Phatehpur, P.S.
Gaurichak, District- Patna.
4. Sonali Kumari Wife of Late Sushil Kumar Singh, D/o Pramod Singh (@
Pramod Kumar Singh @ Pramod Kumar. Resident of Village-Lakhipur Koli,
P.O. Phatehpur, P.S. Gaurichak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Devi Wife of Pramod Singh Resident of Village- Mirabigha, P.S.-
Ghoshi, District- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Gauri Shankar Gupta, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 26-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ghoshi P.S.
Case No. 156 of 2025 registered for the offences
punishable under Sections 108, 3(5) of BNS.
3. As per FIR, petitioner abetted the son of the
informant who is the husband of petitioner no. 4 to
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commit suicide. It appears out of FIR that relation of
petitioner no. 4 with deceased son of informant was not
healthy and demand was raised collectively by petitioners
to return gift worth of Rs. 15 lakh which was given on
occasion of marriage.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that petitioner no. 1 is fufa
(paternal uncle) of petitioner no. 4, petitioner no. 2 is
mother-in-law, petitioner no. 3 is father-in-law and
petitioner no. 4 is wife of the deceased. It is submitted
that admittedly the husband of petitioner no. 4 committed
suicide in his own house. It is pointed out that allegation
of abetment in the background of demand of returning
gifts given on the occasion of marriage is not convincing.
It is submitted that the cause assigned to abet suicide
appears very remote having no direct nexus. It is pointed
out that act of petitioner are not so direct or active which
may force the son of the informant to commit suicide
without leaving no option, particularly, in the background
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on matrimonial discord, where he received notice from
women commission as pressed by petitioner no. 4/ wife.
In support of his submission learned counsel relied upon
the legal report of Hon’ble Supreme Court as available
through Gurucharan Singh vs. State of Punjab
reported in (2017) 1 SCC 433. It is further submitted
that other in-laws were granted bail by one of the learned
co-ordinate Bench of this Court through Cr. Misc. No.
57176 of 2025 vide order dated 27.08.2025. While
concluding arguments, it is submitted that petitioners
claimed clean antecedent.
5 Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail
submitted that all petitioners including petitioner no. 4
who is the wife of deceased son of the informant pressed
heavily to return cash of Rs. 15 lakh against the gift. It is
submitted that son of the informant committed suicide on
the same day he received notice from women
commission. It is also submitted that whenever the son of
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the informant visited parental home of petitioner no. 4 he
was abused and assaulted and asked to commit suicide.
6. In view of aforesaid factual submission and
by taking note of fact as the allegation prima-facie
appears remotely connected with crime in question,
accordingly all above-named petitioners, in the event of
their arrest or surrender before the court below within a
period of four weeks, are directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each
to the satisfaction of the learned CJM, Jehanabad
/concerned Court, where the case is pending in
connection with Ghoshi P.S. Case No. 156 of 2025,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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