Uttam Kumar @ Abhishek @ Avishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70795 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Uttam Kumar @ Abhishek @ Avishek Kumar S/O Birendra @ Virendra Sharma R/O Village- Lari, P.S- Kurtha, Distt.- Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Phulwari Sharif P.S. Case no.60 of 2025 registered under sections 108 of the B.N.S,2023.

3. The allegation in the F.I.R is that grand-daughter of the informant committed suicide in the house of one Akhilesh Sharma, who was informed of the same by the maternal cousin of the deceased Uttam Kumar (petitioner) whereupon the landlord and the other persons had broken open the door of the deceased and found her hanging from the fan.

4. Learned counsel for the petitioner submits that it would be apparent from the F.I.R that it was the petitioner who informed about the incident to his landlord whereafter the

Patna High Court CR. MISC. No.70795 of 2025(3) dt.17-11-2025 2/3 matter was also informed to the informant and the F.I.R only alleges suspicion against the petitioner. Further, the F.I.R would also disclose that the deceased was staying along with the family of the petitioner as her father and mother had died much earlier. It is further pointed out that room of the deceased was broken open to find her hanging from the fan indicating that she had committed suicide for which she may be having reasons but there is no substantial ground to connect the petitioner to the death of the deceased as from the grounds indicated during course of investigation, at best, there could be some illicit relationship between the petitioner and the deceased but it is not indicative of the fact that the petitioner had instigated the deceased to commit suicide and hence, there is no live and proximate link between any act of the petitioner and death of the deceased. The petitioner is in custody since 27.03.2025 and undertakes to co-operate in the case/trial. Charge-sheet has been submitted in the case.

5. Learned APP for the State opposes the grant of bail of the petitioner on the basis of allegations made in the F.I.R.

6. Taking into consideration the above mentioned facts of the case and also considering the fact that there is no direct or substantive material collected during course of

Patna High Court CR. MISC. No.70795 of 2025(3) dt.17-11-2025 3/3 investigation to establish the fact that it was the instigation by the petitioner which had led the deceased to commit suicide, the petitioner is directed to be enlarged on bail in connection with Phulwari Sharif P.S. Case no.60 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court. (Soni Shrivastava, J) Harsh/- U T