Patna High Court
Alok Singh @ Alok Kumar Singh @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted as the allegations did not establish a prima facie case of abetment of suicide under section 107 of the B.N.S., and the petitioners were entitled to bail subject to conditions.
Summary
The petitioners, including Priti Singh and her relatives, sought anticipatory bail after an FIR was lodged under sections 107 and 226 of the Bharatiya Nyaya Sanhita, 2023, alleging they abetted the suicide of the informant's son by sending messages and photographs. The prosecution argued that the photographs showed a link to the victim's depression, while the petitioners contended they had no direct involvement and that section 226 is bailable. The informant’s counsel opposed bail, but the State’s counsel could not produce the photographs to establish a clear causal link. The Court examined whether the allegations satisfied the threshold for non‑bailable abetment of suicide and found the material insufficient. Consequently, the Court granted anticipatory bail to the petitioners, subject to a bond and conditions under section 2(1)(d) and section 482(2) of the B.N.S.
Issues considered
- Whether the allegations under sections 107 and 226 of the Bharatiya Nyaya Sanhita, 2023, constitute a prima facie case of abetment of suicide justifying denial of anticipatory bail
- Whether the photographs presented by the informant establish a causal link to the alleged suicide
- Whether the petitioners’ residence and lack of direct connection to the victim preclude the application of section 107, a non‑bailable offence
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 107, 2(1)(d), 226, 482(2)
Subjects
- anticipatory bail
- abetment of suicide
- Bharatiya Nyaya Sanhita
- section 107
- section 226
- photographs as evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85769 of 2025
Arising Out of PS. Case No.-752 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Priti Singh W/O Alok Singh Resident of Mohalla - Panchshil Colony, PS -
Sasaram (T), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86298 of 2025
Arising Out of PS. Case No.-752 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Alok Singh @ Alok Kumar Singh @ Alok Kumar S/O Mahendra Singh
Resident of Mohalla- Panchshil Colony, P.S.- Sasaram T, District- Rohtas
2. Gyanendra Singh @ Gyanendra Kumar Singh S/O Mahendra Singh Resident
of Mohalla- Panchshil Colony, P.S.- Sasaram T, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85769 of 2025)
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the State : Mr. Nagendra Prasad, A.P.P
For the Informant : Mr. Dhaneshwar Prasad Gupta, Advocate
(In CRIMINAL MISCELLANEOUS No. 86298 of 2025)
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the State : Mr. Nagendra Prasad, A.P.P
For the Informant : Mr. Dhaneshwar Prasad Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
APP for the State in both the cases. Learned counsel for the
informant appeared suo-motu.
2. The petitioners of both the cases are apprehending
arrest in connection with Sasaram (T) Modal P.S. Case No. 752
of 2025 lodged on 18.09.2025, for the offence punishable under
Patna High Court CR. MISC. No.85769 of 2025(3) dt.19-03-2026
2/4
Sections 107/226 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged by the
informant in the form of complaint case against three named
accused persons who are petitioners of both the cases. It
transpires from the complaint that the complainant received
information from his son and his son received information from
the landlord of his brother who was preparing for armed forces
services at Bengaluru that the deceased has committed suicide
for which, U.D. Case No. 04/2025 has been filed. It has been
alleged by the complainant that the petitioners are responsible
for the suicide of his son due to the reason that petitioners used
to send messages on the mobile which resulted into his suicide.
4. Learned counsel for the petitioners of both the
cases submits that the petitioners are innocent and have
committed no offence. Counsel submits that the said complaint
case was subsequently registered as Sasaram (T) Modal P.S.
Case No. 752 of 2025 lodged under sections 107/226 of the
Bharatiya Nyaya Sanhita, 2023. Counsel submits that from the
complaint petition itself, it become crystal clear that section 226
of the B.N.S is bailable in nature and only section 107 of the
B.N.S is non-bailable in nature which is abetment of suicide of
child or person of unsound mind. He submits that for the death
Patna High Court CR. MISC. No.85769 of 2025(3) dt.19-03-2026
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of complainant’s son, U.D. case has already been lodged bearing
U.D. Case No. 04/2025. But, after lapse of about four months on
02.09.2025, the complaint petition has been filed on the basis of
which, FIR has been lodged on 18.09.2025. Counsel submits
that the alleged death took place at Sasaram and the petitioners
are residing in different colony at all. Counsel submits that the
petitioner of first case is a married lady, having clean antecedent
and has nothing to do with the deceased, save and except they
are resident of the same village. He further submits that so far as
petitioners of second case are concerned, they also have clean
antecedent and petitioner no.1 of second case is the husband of
petitioner of first case and petitioner no.2 of second case is the
brother of petitioner no.1 of second case. Counsel submits that
there is absolutely no direct linkage, save and except the
suspicion.
5. Learned counsel for the informant who appeared
suo-motu in this case, vehemently opposes the prayer for bail
and submits that in the complaint petition paragraph three, it has
been categorically stated that the accused-petitioners used to
send photographs to the deceased which resulted into his
suicide.
6. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.85769 of 2025(3) dt.19-03-2026
4/4
bail of the petitioners of both the cases and submits that though,
the said photographs have not been brought on record, but at the
request of the court, the informant’s counsel has shown those
photographs to the learned A.P.P. He submits that by seeing the
said photographs, it is not clear that why depression has arisen.
The said photograph is of simple lady wearing clothes.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners of both the cases be
released on anticipatory bail, in the event of arrest or surrender
before the Trial Court within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to
the satisfaction of C.J.M. Sasaram, Rohtas, in connection with
Sasaram (T) Modal P.S. Case No. 752 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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