Patna High Court
Dharmendra Modi @ Dharmendra Kumar @ Dharmendra Kumar Modi @ Dhamendra Kumar @ Dhamendra ModiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court rejected the petitioner's bail application.
Summary
The petitioner, Dharmendra Modi, applied for regular bail in a case registered under Sections 108, 352, 351(2), 79 and 3(5) of the B.N.S., 2023, alleging that he was falsely implicated in a family suicide/poison‑consumption incident. The informant’s statement linked Modi to a loan of Rs.2 lakhs given to the victims and alleged that he, along with another accused, tortured the family to recover the money, creating a situation conducive to the suicides. The petitioner contended he had a clean antecedent and that the allegations were exaggerated, stemming from a land dispute. The State, represented by the Additional Public Prosecutor, opposed bail, arguing that Modi’s alleged abetment and intimidation warranted his continued custody. The court, after considering the submissions, declined to grant bail, noting the seriousness of the accusations, but allowed the petitioner to renew the bail application after charge‑framing.
Issues considered
- What is the appropriateness of granting bail to the petitioner in light of the allegations of abetment and torture under the B.N.S., 2023?
- Do the facts disclosed in the FIR and informant’s statement constitute sufficient ground to deny bail?
Legislation cited
- B.N.S., 2023 — s. 108, 3(5), 351(2), 352, 79
Subjects
- bail
- abatement of suicide
- poison consumption
- loan dispute
- false implication
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89904 of 2025
Arising Out of PS. Case No.-322 Year-2025 Thana- GRIYAK District- Nalanda
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Dharmendra Modi @ Dharmendra Kumar @ Dharmendra Kumar Modi @
Dhamendra Kumar @ Dhamendra Modi S/o Late Saukhi Mahto Resident of
Vill. - Dashrathpur, P.S. - Giriyak (Pawapuri), Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of the
informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 108, 352, 351(2), 79 and 3(5)
of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he received an information on 18.07.2025, at 05.00
p.m., that some persons have consumed poison in an orchard near
Kali temple, accordingly, he reached the place of occurrence and
saw that five persons have consumed poison and the villagers have
taken the injured to the hospital. Further, at the place of
occurrence, Satyam Kumar, a 10 year old boy was also found, who
was brought to the police station and he disclosed that the persons,
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who consumed poison, are his family members. Further, the
S.H.O. came and recorded the statement of the injured Soni Devi
in his mobile at the hospital, who stated that they have a cloth shop
and for starting the shop, they had taken loan of Rs.3 lakhs from
Ajay Kumar and Rs.2 lakhs from Dharmendra Modi (petitioner).
Further, the priest of Kali temple had introduced them to Ajay
Kumar and Dharmendra Modi and for the last one month, Ajay
Kumar and Dharmendra Modi used to come to her house and used
to abuse and torture them. Further, the priest had brought them to
Pawapuri and got them implicated and also disclosed that her elder
brother-in-law Ghanshyam Prasad got their land registered in the
name of his wife and his daughter-in-law, hence, out of frustration,
the family consumed poison. Further, two minor girls died during
the course of treatment.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner has been falsely implicated in the instant
case based on the statement of Soni Devi. It is further submitted
that from perusal of the allegation as alleged in the FIR, it would
manifest that in sum and substance, the allegation against the
petitioner is that he was introduced to the family by the priest of
Kali temple based on which he had given a loan of an amount of
Rs.2 lakhs and since the amount was not being returned, thus, it is
alleged that petitioner along with Ajay Kumar used to torture the
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family. It is next submitted that from perusal of the allegation as
alleged in the FIR, it would manifest that Soni Devi also disclosed
that her elder brother-in-law Ghanshyam Prasad got their land
registered in the name of his wife and his daughter-in-law and,
thus, out of the frustration the family committed suicide. It is also
submitted that it might be a possibility that on account of dispute
in the family, the occurrence took place and the petitioner and
Ajay Kumar came to be implicated for the reason that they had
initially given loan to the family for starting the cloth business. It
is further submitted that even presuming what has been alleged is
true without admitting then at best the allegation is that petitioner
and Ajay Kumar were asking for their money which they had
loaned but then the allegation of torture and abuse is exaggerated.
It is reiterated and submitted that on account of land dispute in the
family, the family committed suicide. It is next submitted that
petitioner is in custody since 24.07.2025.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant vehemently opposed the
prayer for regular bail of the petitioner.
6. Learned counsel appearing on behalf of the informant
submits that petitioner might not have committed the occurrence
but then allegation is of abetment as Soni Devi specifically stated
that petitioner along with Ajay Kumar used to come to their house
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for seeking the loan amount and since they were not in a position
to return the amount as such they tortured and abused which
created condition conducive for committing the occurrence of
suicide, coupled with the fact that Ghanshyam Prasad also cheated
them.
7. Considering the submissions made by the learned
counsel appearing on behalf of the informant, the Court, for the
present, is not inclined to release the petitioner on bail in
connection with Giriyak P.S. Case No. 322 of 2025 pending in the
Court of learned Additional Sessions Judge-IV-cum-Exclusive
Special Judge (POCSO), Nalanda at Bihar Sharif/Successor Court.
8. Hence, the prayer for bail is rejected.
9. However, the petitioner would be at liberty to renew
his prayer for bail after framing of charge.
(Satyavrat Verma, J)
Kundan/-
U T
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