Allowed

Dipu Kumar v. The State of Bihar

Patna HC22 Dec 2022CR. MISC./51880/2022

Case brief

AI extract

What is this about?

A single bench allowing bail to a petitioner accused of abetting suicide under Section 306 IPC. The court held that the FIR facts, even if assumed correct, did not establish a case of abetting suicide as no promise of marriage with benefit extraction was pleaded.

What did the court decide?

Petitioner directed to be released on bail by furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the learned ACJM-VI, Aurangabad.

Dipu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51880 of 2022

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Arising Out of PS. Case No.-37 Year-2022 Thana- KASMA District- Aurangabad

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======================================================

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Dipu Kumar Son of Umesh Paswan R/V- Pahadpur @ Paharpur, P.S- Guru @ Guraru, Dist- Gaya Bihar

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 22-12-2022

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Heard the learned counsel for the petitioner and

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the learned APP for the State.

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The petitioner seeks bail in connection with Kasma P.S. Case No. 37/2022 instituted for the offences

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under Section 306 of the Indian Penal Code.

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Six girls consumed poison, which was reported by

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the mother of one of the girls. Unfortunately, three of the girls died. One of those girls wanted to marry the petitioner but she committed suicide because the petitioner did not agree for marriage.

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Assuming every statement in the F.I.R. to be correct, it does not make out a case under Section 306 of

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Patna High Court CR. MISC. No.51880 of 2022(2) dt.22-12-2022 2/2

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the Indian Penal Code against the petitioner. Unless it is shown that the petitioner had promised to marry and had exacted some benefits out of such assurance, he cannot be saddled with the charge of abetting the suicide.

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It appears to be a case of one-sided affair. Even if it be not, the reason for consuming poison is too remote for the petitioner to be prosecuted for the offence under Section 306 of the I.P.C. The offence of abatement cannot, in the opinion of this Court, be extended to this limit.

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The petitioner is in custody since 26.04.2022.

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Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Aurangabad, in connection with Kasma P.S. Case No. 37/2022.

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(Ashutosh Kumar, J)

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sunilkumar/- U T

Dipu Kumar v. The State of Bihar

Case brief

What is this about?

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Dipu Kumar v. The State of Bihar

Case brief

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