Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41235 of 2026 Arising Out of PS. Case No.-535 Year-2025 Thana- MANER District- Patna ====================================================== Sagar Kumar S/o Indrajeet Paswan @ Anarajit Paswan, Resident of VillageGyaspur, P.S.- Maner, District- Patna at present residing Resident at MohallaKhagaul, P.S.- Khagaul, Distt- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Maner P.S. Case No.535 of 2025 registered under Sections 108 of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. Allegation against petitioner is to abet the informant to commit suicide, as petitioner was alleged to force the deceased to solemnize marriage with him out of previous acquaintance.
4. It is submitted by learned counsel appearing for petitioner that admittedly the maternal uncle's village of deceased and village of petitioner is same, where parents of
Patna High Court CR. MISC. No.41235 of 2026(2) dt.30-06-2026 2/3 the deceased was in inimical terms with maternal uncle of the petitioner and out of said enmity, the present false case was lodged. It is pointed out that the signature of informant/deceased is also not matching on fardbeyan and the entire implication is on the instance of the parents of the deceased. It is submitted that out of allegation as raised through FIR, it cannot be said that the act of petitioner is so active or direct, which forced the informant/deceased to commit suicide, without leaving any other options. In support of his submission, learned counsel has relied upon legal report of Hon'ble Supreme Court as available through Gurcharan Singh vs. State of Punjab [(2017) 1 SCC 433]. The petitioner claimed clean antecedent.
5. Learned APP while opposing the prayer of bail submitted that the FIR is like dying declaration, as same was lodged on the basis of fardbeyan of informant/deceased recorded in hospital. It is submitted that the mobile No. mentioned in the FIR i.e. 7488291078 is admittedly belongs to this petitioner. It is pointed out that due to repeated demand and threat to solemnize marriage as advanced by
Patna High Court CR. MISC. No.41235 of 2026(2) dt.30-06-2026 3/3 petitioner, the informant committed suicide after consuming pesticides, who was just 13 years old at the time of occurrence.
6. In view of aforesaid factual submissions and by taking note note of fact as FIR is prima facie appearing in nature of dying declaration as same was authored by informant/deceased herself soon before her death, raising specific allegation against this petitioner as to force her to commit suicide, accordingly, the prayer of anticipatory bail of petitioner stands rejected.
(Chandra Shekhar Jha, J.) Sanjeet/- U T