Patna High Court
Dr. Abhijeet SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 85
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
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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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