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CDJ 2026 SC 459 print Preview print Next print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2026 [@ SLP [Crl.] No. 1678 of 2026]
Judges: THE HONOURABLE MR. JUSTICE M.M. SUNDRESH & THE HONOURABLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
Parties : Dheeraj Jha @ Dheeraj Kumar @ Raghav Versus The State of Bihar
Appearing Advocates : For the Petitioner: ----- For the Respondent: ----
Date of Judgment : 25-03-2026
Head Note :-
Indian Penal Code, 1860 - Sections 302, 328, 376(D) and 34 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 302, 328, 376(D) and 34 of the Indian Penal Code, 1860
- Section 306 of the Indian Penal Code, 1860

2. Catch Words:
- Bail
- Appeal
- Suicide
- Extra‑marital affair
- Chargesheet

3. Summary:
The appellant sought bail in connection with FIR No.114/2023, originally filed under Sections 302, 328, 376(D) and 34 IPC. After investigation, the charges were reduced to Section 306 IPC only. The appellant, who was the superior of the deceased, contended that the elements of Section 306 were not established and that the death was a suicide linked to an alleged extra‑marital affair. Considering the appellant’s period of incarceration and the facts presented, the court granted bail with conditions satisfactory to the trial court. Consequently, the impugned order was set aside, and the appeal was allowed.

4. Conclusion:
Appeal Allowed
Judgment :-

1. Leave granted.

2. The appellant seeks bail in connection with FIR No.114/2023, dated 01.07.2023, registered at Police Station-Industrial, Sub-Division-Sadar, District-Bhagalpur, for the offences punishable under Sections 302, 328, 376(D) and 34 of the Indian Penal Code, 1860 (for short 'IPC'). Though the FIR was registered under the aforesaid sections, upon completion of investigation the appellant was chargesheeted only for the offence punishable under Section 306 of the IPC and not other offences.

3. We have heard the learned counsel appearing for the parties.

4. The appellant was the superior of the deceased.

5. Learned counsel appearing for the appellant submitted that the ingredients of the offence under Section 306 of the IPC are not made out and in any case, the deceased committed suicide pursuant to an alleged extra-marital affair with the appellant.

6. Considering the aforesaid submissions made, we are inclined to grant bail to the appellant, particularly, by taking note of the period of incarceration already undergone by the appellant and the facts governing the case.

7. Accordingly, the impugned order is set aside and the appellant is granted bail on terms and conditions to the satisfaction of the concerned Trial Court.

8. The appeal stands allowed, accordingly.

9. Pending application(s), if any, shall stand disposed of.
 
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