Naresh Rai @ Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29204 of 2025 Arising Out of PS. Case No.-742 Year-2024 Thana- MANER District- Patna ====================================================== Naresh Rai @ Naresh Singh S/o Late Munsi Rai Resident of Village- Hulasi Tola, P.S.- Maner, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with Maner P.S. Case No. 742 of 2024, registered for the offences punishable under Sections 103, 3(5) of the BNS. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 11-11-2024 and is alleged to have murdered the sister of the informant.

4.

It is next submitted that deceased was wife of the petitioner and their marriage was performed 18 years back and out of wedlock, three children were born. It is next submitted that in these 18 years, no FIR or any complaint ever came to be instituted against the petitioner alleging torture, but then the

Patna High Court CR. MISC. No.29204 of 2025(3) dt.06-08-2025 2/3 accidental death was given color of murder. It is further submitted that informant is not an eyewitness to the occurrence and has alleged that when on coming to know that her sister has died, she reached the place of occurrence, and thereafter the instant FIR came to be instituted alleging that the deceased was assaulted and strangulated to death. It is next submitted that it does not appear probable that the petitioner would have killed his wife after 18 years of marriage.

5.

The learned APP opposes the bail application and submits that the case was taken up on 7-5-2025 and case diary was called for, and from perusal of the postmortem report of the deceased, it would manifest that the same records - External findings - (1) Bruising left side of forehead/ frontal scalp 3" x 3" , on dissection Hematoma found under scalp (2) no external injury over neck, tissue underline neck (3) no other external injury over body.

Internal findings - On opening of skull - (1) fracture right parietal, temporal skull bone (2) fracture base of skull (3) Brain matter congested and intracranial bleeding.

On opening chest and abdomen - (1) B/L Lungs congested. (2) Heart ventricle empty (3) Stomach contains semi-digested rice. (4) Abdominal viscera pale. (5)

Patna High Court CR. MISC. No.29204 of 2025(3) dt.06-08-2025 3/3 Uterus non-gravid, and death due to cranico-cerebral injury and its complication caused by hard and blunt object, leading to cardio respiratory failure.

It is thus submitted that the cause of death has been opined to be caused by hard and blunt object on account of which cranico-cerebral injury took place leading to cardio respiratory failure. It is next submitted that a person can lie but circumstances never.

6.

Considering the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail. 7.

Accordingly, the prayer for regular bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T