Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55804 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Raju Kumar S/O Umesh Prasad @ Umesh Kumar R/O Village/Mohalla- Devi Asthan Koyri Tola, Warisaliganj, P.S - Warisaliganj, Dist. Nawada. -------Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 242/2024, registered for the offence under Sections 108/351(3) of BNS, 2023, and Sections 306, 503 of the Indian penal Code and Section 66(B), 66(C) of I.T. Act, 2000.

3. The accused/petitioner is named in the F.I.R. and is in custody since 22.04.2025.

4. The allegation against the petitioner is to make photo viral of the sister of the informant aged about 17 years on Facebook after obtaining password fraudulently, consequent upon the sister of the informant committed suicide.

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5. Learned counsel appearing on behalf of the petitioner submitted that the present occurrence took place in the parental house i.e. the house of the informant. It is also submitted that no photos as alleged which was alleged to made viral on Facebook was recovered during investigation by the police authority and, therefore, the allegation as raised through FIR having no substance. It is submitted that as the sister of the informant was in love with this petitioner, which was not approved by her parents, she developed depression out of which she committed suicide consuming poisons. It is pointed out that even charge-sheet submitted without obtaining the FSL report. It is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner claimed clean antecedent.

6. Arguing further, it is submitted that even the suicide note was not sent for forensic examination, which appears to be recorded on diary page dated 28th of December, 2023. It is submitted that this aspect also makes the occurrence and allegation doubtful on its face as the alleged

3/4 occurrence took place on 02.07.2024. It is pointed out that in view of same, the manipulation of suicide note cannot be ruled out.

7. Arguing further, it is also pointed out that from the perusal of FIR and also the material collected during investigation, it cannot be said that the act of the petitioner is of such nature which forced the sister of the informant to commit suicide as alleged and in support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Gurcharan Singh Vs. State of Punjab. reported in 2016 SCC onLine SC 1415.

8. Learned APP opposed the prayer of bail.

9. Considering the aforesaid factual submissions and by taking note of fact as prima facie nothing surfaced during investigation which may support the allegation as raised through FIR to make video of deceased sister of the informant viral on social media, coupled with the fact that cause of suicide arising out of depression in terms of FIR, whether nothing surfaced during investigation which may suggest that the act of the petitioner forced sister of the

4/4 informant as to commit suicide without leaving no any other option, where petitioner being man of clean antecedent, remains in custody since 22.04.2025 accordingly, petitioner above named, is directed to be released on bail in connection with Warisaliganj P.S. Case No. 242/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-Vth, Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T