Bipul Singh @ Bipul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22458 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- MALI District- Aurangabad ====================================================== Bipul Singh @ Bipul Kumar Singh S/o Late Vinod Singh Resident of villageKolh Khambha Majhauli, PS- Mali, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Geeta Devi W/o Nagendra Ram R/o vill - Khambha Majhauli, P.S.- Mali, Distt.- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Mudit Meet, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP For the Informant :

Ms. Alka Verma, Advocate Ms. Akansha Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Mali P.S. Case No. 224 of 2024 instituted for the offence under Sections 126(2), 329(3), 329(4), 103(1), 70(2), 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the POCSO Act and Sections 3(1)(घ), 3(1) (द), 3(1)(w) & 3(2)(va) of the SC/ST Act.

3.

The prosecution's case, as emanated from the

2/4 fardbeyan, is that on December 9, 2024, Bipul Singh (petitioner) and Dipu Kumar Singh allegedly raped and killed the sister-inlaw of O.P.No.2. The accused reportedly took her to a room, where they raped her one by one and then strangled her to death. Afterward, they allegedly hurled caste-based abuses and threatened the family. The accused, along with their family, then tried to burn the body, but the complainant and her family intervened and brought the body to Sadar Hospital. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case as the deceased's postmortem revealed no signs of sexual assault or external injuries and death was due to antemortem hanging suggesting suicide. There is unexplained delay and contradictions in lodging the FIR and suppression of the earliest police information. Statements of informant's family members themselves indicate the deceased locked herself inside and hanged herself. The prosecution's claim of petitioner's confession is fabricated, and even the age of the deceased has

3/4 been wrongly shown. Charge sheet has already been submitted in this case under Sections 108, 64 & 3(5) of the BNS, 2023 and Section 3(1)(r) & 3(2)(va) of the SC/ST Act and Section 4 of the POCSO Act.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Petitioner has confessed his guilt in his confessional statement. Moreover, inquest report shows abrasion on stomach and breast and also seen injury over hip of the deceased. Postmortem report suggests cause of death due to asphyxia and neurogenic shock as a result of antemortem hanging. Victim is minor and the offence is serious in nature, hence, petitioner does not deserve the privilege of bail. 7.

Considering the aforesaid facts and circumstances of the case and nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

9.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six

4/4 months from today.

(Rudra Prakash Mishra, J) Raj Kishore/- U T