Dismissed¶17

Amit Banik @ Amit Kumar Banik v. The State of Bihar

Patna HC17 Jan 2026CR. MISC./61209/2025

Case brief

AI extract

What is this about?

Anticipatory bail application rejected; abetment of suicide; Sections 306, 34 IPC; Bettiah (Town) P.S. Case No. 197 of 2024; West Champaran; alleged threat by husband to wife dated 24.04.2024 to kill her within ten days if she did not commit suicide; suicide on 01.05.2024; daughter Aparna's statement implicating father; pending domestic violence and maintenance case; Patna High Court; CR. MISC. No.61209 of 2025; Alok Kumar Sinha, J.; order dated 17-01-2026.

What did the court decide?

The Court weighed the seriousness of the allegation that on 24.04.2024 at about 5:00 P.M. the petitioner threatened his wife to kill her within ten days if she would not commit suicide, as a consequence of which she was compelled to commit suicide. ¶16

Amit Banik @ Amit Kumar Banik Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61209 of 2025

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Arising Out of PS. Case No.-197 Year-2024 Thana- BETTIAH CITY District- West Champaran

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====================================================== Amit Banik @ Amit Kumar Banik S/O Govind Chandra Banik R/O Belbagh, Bangali Colony, P.S.- Bettiah (Town), District- West Champaran

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP For the Informant : Mr. Sharad Kumar Verma, Adv Mr. Umesh Chandra Verma, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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4 17-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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2. The petitioner apprehends his arrest in connection with Bettiah (Town) P.S. Case No. 197 of 2024 registered for the offence punishable under Sections 306, 34 of the IPC.

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3 . The case of the prosecution, in short, is that the daughter of the informant, Anita was married to Amit Banik of the same neighborhood on 25.12.2007. They have a daughter, Aparna Banik, and a son, Apti Banik. The daughter of the informant was teaching in a private school and her husband and in-laws would seize the money she earned. When she asked for money for necessities, she was severely beaten and tortured. During the COVID-19 pandemic, when her income stopped, the abuse from her husband and in-laws intensified and finally on

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Patna High Court CR. MISC. No.61209 of 2025(4) dt.17-01-2026 2/3

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15.05.2023, they beaten her, snatched all her belongings, including her children's and threw her out of the house. As a result, she came to her parents' house with her children. When she went back on 16.06.2023 to collect some clothes and other belongings for her children, she was beaten and chased away. She then filed a case of domestic violence and maintenance, which is pending in court. While living at her parents' house, for the past 4-5 months, due to debt and financial difficulties, she had started teaching again to secure her children's future. Even while living at her parents' house, whenever her daughter went out to buy necessities, her husband Amit Banik, brother-in-law Alok Banik and Goldy Banik, Munni Chaudhary, and Hashi Haldar would all verbally abuse her and make it difficult for her to even go out on the street, forcing her to contemplate suicide. Even while travelling for teaching job, all of the abovementioned persons used to harass her in various ways. On 20.04.2024 at about 5:00 P.M., Amit Banik threatened that he will kill her within 10 days if she would not commit suicide as she has tarnished their reputation by filing a case. Following this, his daughter became very withdrawn, and under this pressure, she committed suicide on 01.05.2024 at around 4-5 P.M.

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Patna High Court CR. MISC. No.61209 of 2025(4) dt.17-01-2026 3/3

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He has falsely been implicated in the present case for ulterior motive. There is absolutely no cogent, reliable and substantive material to prove the death of the deceased on account of petitioner’s abetment.

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5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.

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6. Considering the seriousness of the allegation levelled against the petitioner that on 24.04.2024 at about 5:00 P.M., the petitioner is alleged to have threatened the deceasedwife to kill her within ten days if she would not commit suicide as she has tarnished the reputation of the petitioner by filing a case, as a consequence of which she was compelled to suicide and also the fact that the petitioner’s daughter Aparna has also stated that her mother has committed suicide because of her father (petitioner). Under these circumstances, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

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7. Accordingly, the present anticipatory bail application stands rejected.

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(Alok Kumar Sinha, J)

Amit Banik @ Amit Kumar Banik v. The State of Bihar

Case brief

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Amit Banik @ Amit Kumar Banik v. The State of Bihar

Case brief

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