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Patna High Court

Md. Naseem AkhtarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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