Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that bail must be granted as the prosecution failed to produce substantive evidence linking the petitioner to the alleged offence.
Summary
Ravi Kumar was arrested in connection with a case under Section 306 of the IPC alleging that he sent obscene photographs to his informant's daughter and threatened her with a firearm, actions that allegedly led to the victim's suicide. The petitioner contended that the allegations were fabricated, that there was no material evidence such as mobile numbers, call records, or CAF documents linking him to the crime, and claimed a consensual relationship with the deceased. The State opposed bail, emphasizing the seriousness of the offence. The court noted the absence of concrete forensic or telecommunication evidence and the prolonged pre‑trial custody, and consequently ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance and a family surety. The order was pronounced by Justice S. B. Pd. Singh.
Issues considered
- Whether bail should be granted in a case of alleged abetment of suicide under Section 306 IPC in the absence of substantive evidence.
- Whether the lack of telecommunication records and other material evidence warrants denial of bail.
- Whether the petitioner’s prolonged pre‑trial detention justifies bail despite the seriousness of the alleged offence.
Legislation cited
- Indian Penal Code — s. 306
Subjects
- bail
- Section 306 IPC
- abetment of suicide
- obscene photographs
- blackmail
- procedural lapses
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91173 of 2025
Arising Out of PS. Case No.-170 Year-2024 Thana- SAHPUR District- Patna
======================================================
Ravi Kumar S/o Late Ram Pravesh Ray @ Ram Pravesh Rai R/o Village -
Dhamaun, P.S - Shahpur Patori, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
For the informant : Mr. Punit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shahpur P.S. Case No.
170 of 2024 registered for the offences punishable under Section
306 of the Indian Penal Code.
3. As per the written report of informant Chandra
Niwas Singh, father of the deceased Seemran (Simran) Kumari,
it has been alleged that for a considerable period, the accused
Ravi Kumar, son of Ram Pravesh Rai, was sending obscene
photographs to his daughter and used to blackmail by
threatening her with a firearm. Despite a pending criminal case
against the accused for such acts, he continued to harass the
deceased by sending indecent photos to other family members
Patna High Court CR. MISC. No.91173 of 2025(3) dt.19-03-2026
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and threatening her with dire consequences. Due to such
humiliation, committed suicide by hanging herself on
30.04.2024 at about 06:30 PM at her matrimonial home in the
absence of her husband. She was brought to PMCH, Patna,
where she was declared dead by the doctor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case with oblique purpose and ulterior motive. The allegations
levelled against the petitioner are false, fabricated, and are
categorically denied. The entire case diary is based merely on
suspicion and surmise, and there is no legal evidence or cogent
material on record to connect the petitioner with the alleged
offence. It is further submitted that the daughter of the informant
(deceased) and the petitioner were in a love affair, and the
deceased had, on numerous occasions, expressed her desire to
elope with the petitioner in order to solemnize marriage.
Petitioner is in custody since 18.05.2025.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Throughout the entire case diary, no mobile number
has been mentioned through which the alleged indecent/obscene
photographs were made viral. Furthermore, during the course of
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investigation, neither any Call Detail Records (CDR) nor any
Customer Application Form (CAF) has been brought on record
in the case diary.
7. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI, Danapur
in connection with Shahpur P.S. Case No. 170 of 2024 subject
to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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