Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2566 of 2025 Arising Out of PS. Case No.-312 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Satish Kumar, S/O Sidheshwar Bind, R/O Vill.- Mai, P.S.- Rahui, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP For the Informant :
Mr. Surendra Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Rahui P.S. Case No. 312 of 2024, registered for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2024.
4. The allegation against petitioner is to commit murder of his own wife within the four corner of her matrimonial home alongwith other co-accused persons/family members.
5. Learned counsel appearing on behalf of the petitioner submitted that the wife of the petitioner died due to snake bite, which as an afterthought given colour of murder by the father of deceased, who is none but the father-in-law of the petitioner. It is submitted that this fact also transpired during investigation. It is
Patna High Court CR. MISC. No.2566 of 2025(8) dt.12-08-2025 2/3 also pointed out that the petitioner alongwith other persons found visible in CCTV footage, carrying dead body of his wife for last rituals. It is submitted that as death was caused by snake bite, therefore, as per social belief it was floated to Ganga river and was not put on fire. While concluding argument, it is pointed out that this fact also supported by the informant while testifying before the learned trial court as PW-3. While concluding argument, it is submitted that the petitioner remains in custody for more than one year and still only four charge-sheet witnesses examined in this matter and, as such, the conclusion of trial is a remote aspect.
6. Learned APP while opposing the prayer of bail fairly conceded that the dead body could not recover during investigation and, therefore, there is no prima facie scientific evidence ascertaining cause of death.
7. Considering the aforesaid facts and circumstances and by taking note of fact as petitioner remains in custody since 16.06.2024, where trial is not likely to conclude in near future, accordingly, petitioner above named, is directed to be released on bail in connection with Rahui P.S. Case No. 312 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nalanda at
Patna High Court CR. MISC. No.2566 of 2025(8) dt.12-08-2025 3/3 Biharsharif/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS, with further condition that:- (i)Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(Chandra Shekhar Jha, J) veena/- U T