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Patna High Court

Kishan Singh @ Kishan KumarversusThe state of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.23127 of 2026(2) dt.08-04-2026
                                            2/3




          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.
             Patna High Court CR. MISC. No.23127 of 2026(2) dt.08-04-2026
                                                         3/3




                                    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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