Patna High Court
Md. Naseem AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Md. Naseem Akhtar, was arrested in connection with a case of alleged abetment of suicide under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, through WhatsApp communications, mentally tortured the deceased, leading to her suicide. The petitioner contended that he was falsely implicated, had no role in any mental torture, and possessed a clean antecedent. The State opposed bail, arguing the seriousness of the alleged offence. The High Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding court attendance, verification of antecedents, and possible cancellation for future offences.
Issues considered
- Whether bail should be granted to an accused in an abetment of suicide case under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5)
Subjects
- bail
- abetment of suicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85355 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- KURLIKOT District- Kishanganj
======================================================
Md. Naseem Akhtar, S/o- Saiddul Rahman Sakin, Resident of Village-
Malbast Police Station- Kurlikot Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Kurlikot P.S. Case No. 53 of 2025 registered
for the offences punishable under Sections 108, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that on 05.10.2025 her sister committed suicide by
hanging and from the WhatsApp chats and calls, the petitioner
and her sister were in contact on the fateful night. It has further
been alleged that the petitioner and other co-accused persons
allured the sister of the informant and were torturing her
mentally and, therefore, the petitioner has abated the
commission of suicide of his sister.
Patna High Court CR. MISC. No.85355 of 2025(2) dt.06-01-2026
2/3
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and no
such abetment for suicide has been committed by the petitioner.
It has been submitted that the deceased was a married woman
and she also happens to be a relative of the petitioner, however,
there is nothing on record to suggest that the petitioner has
mentally tortured the deceased upon which she committed
suicide. It has further been submitted that merely on
presumption the informant has levelled allegation against the
petitioner. It has lastly been submitted that the petitioner has
clean antecedent and he is in custody since 29.10.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, 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 the learned
court below where the case is pending/successor court in
connection with Kurlikot P.S. Case No. 53 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
Patna High Court CR. MISC. No.85355 of 2025(2) dt.06-01-2026
3/3
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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