To establish abetment of suicide, there must be clear mens rea and specific intent on the part of the accused, which was lacking in this case.

JUDGMENT & ORDER :

SANJEEV KUMAR SHARMA, J.

Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State, Mr. D. Talukdar and Mr. NNB Choudhury, learned counsel for the informant/respondent No.2.

2. This is an application under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner in connection with Jalukbari Police Station Case No. 501/2025 under Section 74/117(2)/78 of BNS, 2023 added Section 108 of BNS, 2023.

3. This case arises out of an unfortunate incident wherein a young lady of about 28 years took the extreme step of ending her life.

4. On 16.12.2025, the informant lodged an FIR before the In-Charge of Maligaon Police Out Post stating about the suicide of his daughter, namely, Nabanita Sarma on 13.12.2025. The informant mentioned that police had seized from the place of occurrence the suicide note written by his daughter before she committed suicide in which she blames a boy named Jitu Dutta entirely for her suicide. On the basis of the suicide note the informant made enquiry and it came to know that Nabanita Sharma was being physically and mentally tortured by Jitu Dutta. Moreover, on 12.12.2025 in the evening, Jitu Dutta entered in the house of the informant in absence of other member of their family and assaulted the informant's daughter Nabanita. Furthermore, the informant came to know from friends and his youngest daughter that Jitu Dutta used to follow his daughter Nabanita all the time and torture her mentally in any public place.

5. That upon receipt of the aforesaid FIR, the In-Charge of Maligaon Police Out Post forwarded the same to the Officer-in-Charge of Jalukbari Police Station for registering a case under proper section of law. Accordingly, on receipt of the aforesaid FIR, the Officer-in- Charge of Jalukbari Police Station registered a case bearing Jalukbari Police Station Case No. 501/2025 under Section 74/117(2)/78 of Bharatiya Nyaya Sanhita, 2023 and started investigation of the same.

6. Prior to the lodging of the present FIR, an earlier FIR was lodged by the same informant on 13.12.2025 on the basis of which Jalugbari PS U/D Case No. 102/2025 was registered and in course of investigation, the I.O made a prayer for adding Section 108 of BNS and for amalgamation of both the FIRs, which prayer was allowed by the learned Magistrate by order dated 26.12.2025.

7. It may be stated at this stage that the centerpiece of the prosecution case is a suicide note said to have been written by the deceased and recovered from the place of occurrence, which has been placed before the Court along with the Case Diary.

8. Mr. B.K Mahajan, learned counsel appearing for the petitioner submitted and laid stress on the point that the vital ingredients of Section 108 BNS, that is abetment of suicide are not present in the instant case, in as much as, there was no intention on the part of the petitioner that the deceased should be driven to commit suicide and in fact, it is the other way around. Admittedly, the petitioner and the victim were in a relationship for long 9 years, where after the same got terminated for whatever reason. But the petitioner never intended that the victim should take her own life. Furthermore, although it is possible that the petitioner and the victim had altercations now and then, the petitioner never instigated the victim to commit suicide and therefore, another vital ingredient of the alleged offence is also missing.

In support of his submissions, learned counsel has relied upon a few decisions of the Apex Court which are discussed herein below:-

1) In Geeta Vs. State of Karnataka reported in 2025 SCC OnLine SC 1938, it was held a