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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32580 of 2025 Arising Out of PS. Case No.-536 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sumit Kumar Singh @ Sumit Kumar son of Panchlal Singh VillageSadhopur, Ps- Naughachiya, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Raj, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 536 of 2024 instituted for the offence under Sections 304(B), 120(B) & 302 of the Indian Penal Code.

3.

As per prosecution case, daughter of the informant has been done to death by her in-laws due to non-fulfillment of the demand of dowry.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.32580 of 2025(3) dt.05-08-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the brother-in-law of the deceased. The FIR alleges that the incident took place on 31.05.2024, and although the petitioner allegedly confessed to raping the deceased, the medical report showed no injury to the vaginal area, rendering the confession vague and doubtful. Additionally, no call detail records or tower location data have been provided to establish his presence at the place of occurrence.

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 by contending that petitioner is the conspirator behind the occurrence. Petitioner, in his confessional statement, has confessed his complicity in the alleged occurrence and has stated that he has raped and strangulated the deceased. Postmortem report mentions the cause of death as asphyxia due to throttling and mentions several injury marks on the body of the deceased. Bail of husband of the deceased has been rejected by this Court vide order dated 27-01-2025, passed in Cr. Misc. No. 78026 of 2024.

7.

Considering the aforesaid facts and circumstances of the case, taking into account the nature and gravity of the

Patna High Court CR. MISC. No.32580 of 2025(3) dt.05-08-2025 3/3 offence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected. 8.

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

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