Patna High Court
Sajan Kumar Ray @ Sajan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, a government teacher, sought anticipatory bail in a case alleging abetment of suicide under Sections 108, 352 and 3(5) of the BNS, 2023. The FIR alleged that the petitioner had a romantic relationship with the informant's daughter, who later committed suicide after a heated phone conversation with him. The petitioner argued there was no direct evidence of his involvement in abetting the suicide, while the informant contended the conversation indicated abetment. The court examined the nature of the allegations and the lack of concrete evidence linking the petitioner to the act. Considering these factors, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, and granted anticipatory bail subject to conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of alleged abetment of suicide under Sections 108, 352 and 3(5) of the BNS, 2023.
- Whether the evidence in the FIR sufficiently establishes the petitioner's participation in abetment of the victim's suicide.
- Whether the nature of the allegations warrants denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 108, 3(5), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- abetment of suicide
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
- bail conditions
- suicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84222 of 2025
Arising Out of PS. Case No.-226 Year-2025 Thana- KADWA District- Katihar
======================================================
Sajan Kumar Ray @ Sajan Ray S/o- Raghunath Ray Resident of Village-
Sisiya Dumariya, PS-Kadwa, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
: Mr. Vivekanand Jha, Adv.
: Ms. Isha Mishra, Adv.
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, App.
For the informant : Mr. Rananjay Kumar, Adv.
: Mr. Sharfraz Ahmad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 29-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Kadwa Police Station Case No. 226 of 2025,
disclosing offences under Sections 108, 352, 3(5) of the BNS,
2023.
3. As per the FIR, the daughter of the informant
was studying in Class 10th. The petitioner who was a
government teacher used to visit the informant's home for
giving tuition to her. They developed love relationship and on
19.08.2025, the informant heard hot conversation between the
informant's daughter and the petitioner on phone and late in the
Patna High Court CR. MISC. No.84222 of 2025(5) dt.29-04-2026
2/3
night, at about 2 am, the informant found that her daughter was
hanging from the fan.
4. Learned counsel for the petitioner submits that
the petitioner has not committed any offence in the manner
alleged and there is no allegation in the FIR that the petitioner
was actively involved in abetting the victim girl to commit
suicide. It was the informant who used to comment and taunt
upon the victim for having relationship with the petitioner due
to which the victim has committed suicide. There is no direct
evidence against the petitioner abetting the suicide on the victim
girl.
5. Learned counsel for the informant vehemently
opposes the prayer for anticipatory bail and submits that on the
fateful night the victim girl was having hot conversation with
the petitioner and after some time the girl has committed suicide
which goes to show the abetment on part of the petitioner.
6. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation and the fact that the victim girl has committed suicide
due to hot exchange of words with the petitioner in the night, I
am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.84222 of 2025(5) dt.29-04-2026
3/3
8. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Katihar, in connection with Kadwa Police Station Case No. 226
of 2025, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
Checking your session…