Kaushalendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38535 of 2025 Arising Out of PS. Case No.-77 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== Kaushalendra Singh S/o Gaurishankar Singh R/o Village- Belahi Jairam, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sessions Trial No. 249 of 2021, arising out of Sahiyara P.S. Case No. 77 of 2019 instituted for the offence under Sections 302, 201 & 34 of the Indian Penal Code.

3.

Informant alleged that on 23.08.2019 her husband Kaushalendra Singh (petitioner), with others, killed their 16year-old daughter and cremated the body before her arrival from her parental home and informant further stated that when she returned, her husband attacked her but she was saved due to others' presence, and she now fears that he may also kill her and her children.

Patna High Court CR. MISC. No.38535 of 2025(5) dt.02-09-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-05-2020. 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. Informant is the wife of the petitioner, whereas deceased is the daughter of the petitioner. Informant is not the eye witness to the occurrence. Police upon completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. There is direct allegation against the petitioner that he killed his daughter in absence of the informant and cremated the dead body of the deceased.

7.

A report was called for from the court below and it is reported that seven out of eight charge sheet witnesses have been examined in this case.

8.

Considering the aforesaid facts and circumstances of the case and since trial is on the verge of its conclusion, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected. The Trial Court

Patna High Court CR. MISC. No.38535 of 2025(5) dt.02-09-2025 3/3 is directed to take all necessary steps to conclude the trial at earliest preferably within a period of two months from the date of receipt/production of a copy of this order. 9.

The District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded at the earliest. 10.

Let this order be communicated to the District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi.

11.

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

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