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Patna High Court

Dr. Abhijeet SinhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted and dismissed the petition for regular bail.

Summary

The petitioner, Dr. Abhijeet Sinha, applied for regular bail in a case registered under Sections 85, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita relating to the alleged murder of the informant's sister, who was also the petitioner's wife. The prosecution alleged that the petitioner, along with co‑accused, assaulted the deceased and caused her death, which the post‑mortem report indicated as having burn marks and multiple injuries, suggesting homicide rather than suicide. The petitioner contended that the deceased suffered from long‑standing mental health issues and that her death was a suicide, asserting his innocence and clean antecedents. The State opposed bail, emphasizing the gravity of the offence, the nature of the injuries, and the risk of interference with the investigation. The court, after considering the seriousness of the allegations and the forensic evidence, rejected the regular bail application and directed the trial court to expedite the trial within one year.

Issues considered

  • Whether regular bail can be granted to the petitioner under Sections 85, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita given the nature of the allegations.
  • Whether the death of the deceased can be treated as suicide or as homicide under the applicable provisions.
  • Whether the petitioner poses a risk of tampering with evidence or fleeing, warranting denial of bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • suicide
  • post‑mortem evidence
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81611 of 2025
                   Arising Out of PS. Case No.-269 Year-2025 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Dr. Abhijeet Sinha S/O Late Deepak Kumar Sinha R/o House no. M/15,
                 Krishna Nagar, above HDFC Bank, Kidwaipuri, P.S.- Buddha Colony, Dist. -
                 Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devendra Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 For the Informant        :      Mr. Lakmesh Marvind, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   10-04-2026                  Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Buddha Colony P. S. Case No. 269 of 2025 registered for the

                   offences punishable under Sections 85, 103(1), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that sister of the

                   informant was married with this petitioner in the year 2012 and

                   out of the wedlock, three children were born, in the meantime,

                   his sister got knowledge regarding illicit relation of this

                   petitioner with another woman. Upon objection, this petitioner

                   and others started assaulting and torturing his sister for which

                   informant tried to pacify the matter several times. It is further
Patna High Court CR. MISC. No.81611 of 2025(5) dt.10-04-2026
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          alleged that on 03.07.2025 at about 13:00 hrs, co-accused

          Neelam Sinha informed informant on mobile that his sister has

          hung herself and tried to commit suicide and they are taking her

          to Hospital for treatment and after sometime, he got information

          that his sister was referred to P.M.C.H. for better treatment,

          where doctor declared her dead.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. As a matter

          of fact, sister of the informant was facing mental agony since

          two years and despite best efforts and treatment, her health

          could not be improved and in absence of the family members of

          this petitioner, she committed suicide. Petitioner is a doctor

          having degree of MBBS and MS, practicing in Begusarai.

          Petitioner claims clean antecedent and is in custody since

          18.09.2025.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application and submitted that petitioner is husband of

          the deceased and he along with other accused persons,

          committed brutal murder of the sister of informant. Post-mortem

          report reveals burn marks of cigarettes over private parts of the

          deceased and she sustained multiple injuries.

                       6. Considering the nature of accusation, gravity of the
              Patna High Court CR. MISC. No.81611 of 2025(5) dt.10-04-2026
                                                          3/3




                        offence and post-mortem report, prayer for regular bail of the

                        petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        18.09.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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