Jitendra Kumar @ Paro v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36585 of 2026 Arising Out of PS. Case No.-147 Year-2026 Thana- JAKKANPUR District- Patna ====================================================== 1.
Jitendra Kumar @ Paro, S/o Late Ram Jiwan Sao @ Late Ramjivan Saw 2.
Veena Devi, W/o Jitendra Kumar @ Paro, Both are R/o - Mahdipur (Mahadipur), P.S,-Punpun, District- Patna at present R/o Jai Prakash Nagar, Nanhe Kirana Store, P.S.-Jakkanpur, DistrictPatna ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-06-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Jakkanpur P.S. Case No.147 of 2026 registered under Sections 108 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').
3. As per FIR, both petitioners alleged to abet the daughter of informant to commit suicide, when she joined the house of petitioners to care them, as the deceased is the own sister of petitioner no.2 and sister-in-law of petitioner
2/4 no.1. Petitioner no.1 also alleged to solemnize the marriage with deceased daughter of the informant.
4. It is submitted by learned counsel appearing for petitioners that the allegation is completely concocted and manufactured without having any cogent material and same can be gathered from the fardbeyan of the deceased herself, which was recorded by Sub Inspector, Vijay Kumar during the course of investigation while she was hospitalized in Himalayan Hospital. Taking note of statement of victim, it is submitted that the deceased joined the house of petitioners being relative and when she was scrolling her mobile in late night of 13.02.2026 was scolded by petitioner no.2 and was also abused and, thereafter, out of anger, she consumed pesticides, leading to her death. It is pointed out that the act as alleged against petitioner no.2, who is none but the elder sister of the deceased is not of such direct or active in nature, which may said to force the deceased to commit suicide, without leaving any other option. In support of his submission, learned counsel has relied upon legal report of Hon'ble Supreme Court as available through Gurcharan
3/4 Singh vs. State of Punjab [(2017) 1 SCC 433]. It is submitted that the allegation of marriage was not approved by the deceased. In this connection, it is further submitted that aforesaid statement was recorded on 13.02.2026 but, as the hospital was in different police station, it took sometime in forwarding to jurisdictional police station in the meantime, on the basis of concocted allegation, the present FIR was lodged on 15.02.2026 by the father of the deceased, who is father of petitioner no.2 and father-in-law of petitioner no.1
5. Learned APP while opposing the prayer of bail could not disputed the aforesaid factual submissions.
6. In view of aforesaid factual submissions and by taking note of fact as the statement of victim dated 13.02.2026 recorded by S.I., while she was hospitalized in Himalayan Hospital, nowhere speaks that she married with petitioner no.1 contrary to the allegation as raised through FIR, coupled with the fact that that the act of both petitioners in terms of said statement appears nowhere of such active or direct in nature, which may prima facie forced
4/4 deceased to commit suicide, without leaving no any other option, accordingly, both above-named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Patna in connection with Jakkanpur P.S. Case No.147 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T