Abhimanyu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68158 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- BANKA District- Banka ====================================================== Abhimanyu Kumar son of Ashok Yadav R/o Village- Urdwari, Police Station -Fullidumar, District -Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2026 Heard Mr.Ajay Mukharjee, learned counsel for the petitioner and Mr.Upendra Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Banka P.S. Case No. 51 of 2025, FIR dated 27.01.2025 registered for the offence punishable under Sections 376D, 302, 504, 506/34 and 120B of Indian Penal Code.
3. As per FIR, on 10.05.2024, at about 05:00 PM, when the informant returned home, she found the main entrance door locked from inside. Upon calling out to her daughter repeatedly and receiving no response, she became suspicious. She then removed the grill curtain and looked
2/4 inside the verandah, where she saw her daughter Radha Rani @ Sapna hanging from the ceiling latch by means of a ligature.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The fact of the matter is that on 10.05.2024, the daughter of the informant has committed suicide herself in her house and for this purpose, U.D. Case No. 11 of 2024 instituted regarding death of the deceased namely, Radha Rani @ Sapna. Learned counsel for the petitioner further submits that the present occurrence took place on 10.05.2024 but the informant/complainant has filed the complaint petition on 29.05.2024 which was registered in the present F.I.R. on 27.01.2025. Apart from aforesaid, the postmortem report of the deceased does not support the allegation as alleged in the present F.I.R.
5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, and postmortem
3/4 report of the deceased suggests that she has committed suicide herself, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/Successor Court, Banka in connection with Banka P.S. Case No. 51 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in
4/4 case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ankit Kumar/- U T