Patna High Court
Kishan Singh @ Kishan KumarversusThe state of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Kishan Singh, sought bail in a case registered as Riga P.S. Case No.138 of 2025, alleging murder under Sections 103(1) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, together with his in‑laws, killed his wife, who was found hanging from a fan, and that he threatened her with a second marriage. The petitioner contended he was falsely implicated, highlighted the post‑mortem report showing only a ligature mark and death by asphyxia, and presented the testimony of the deceased’s daughter corroborating a hanging. The State opposed bail, but the court, after considering the lack of prior criminal record, the nature of the evidence, and the petitioner’s custody since 17‑11‑2025, ordered bail on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the B.N.S.
- Whether the evidence (post‑mortem findings and eyewitness statement) justifies denial of bail
- Whether the petitioner poses a flight risk or a danger of tampering with evidence
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- hanging
- post‑mortem report
- false implication
- sureties
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23127 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Kishan Singh @ Kishan Kumar, S/O Mahavir Singh, Resident of Village-
Kapraul, P.S.- Riga, Dist- Sitamarhi
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Riga P.S. Case No.138 of 2025 registered for the offence
punishable under Sections 103(1) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
daughter of the informant Sugandhi Kumari (deceased) was
married with the petitioner 10 years ago. Out of that wedlock,
there is a daughter. Thereafter, she did not conceive and for that
she was being subjected to cruelty. She was also being
threatened of solemnizing second marriage of the petitioner. It is
alleged that the petitioner along with all the in-laws has killed
the deceased.
4. Learned counsel appearing on behalf of the
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that from perusal of the
F.I.R., it is clear that the marriage was solemnized 10 years ago.
It has further been submitted that from perusal of the
postmortem report, it will transpire that the doctor conducting
the autopsy of the deceased has found only ligature mark on the
neck of the deceased. No other ante-mortem injury was found
on the person of the deceased and the cause of death was
opined to be asphyxia as a result of hanging produced by rope
like substance. It has further been submitted that during
investigation, the daughter of the deceased Kiran Kumari has
given her statement before the police wherein she has stated that
as she return from having feast, the door was closed. As she
pushed the door, she found that her mother was hanging from a
fan. She called her uncle and aunt. It has also been submitted
that Kiran Kumari, the daughter of the deceased is most
competent witness in this case and she has stated that she found
that her mother was hanging from a fan. This statement gets
corroborated from the posmortem report as well. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 17.11.2025.
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5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-I, Sitamarhi in connection with Riga P.S. Case No.138
of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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