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Patna High CourtCR. MISC./48411/2024bail granted

Rudal Singh @ Rudal Kumar v. The State Of Bihar

2024-10-08Mr. Justice Nawneet Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48411 of 2024 Arising Out of PS. Case No.-257 Year-2019 Thana- SALIMPUR District- Patna ====================================================== RUDAL SINGH @ RUDAL KUMAR SON OF MR. ARJUN SINGH RESIDENT OF VILLAGE - KALA DIYARA, P.S. - SALIMPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur Ms.Vaishnavi Singh Mr.Pranshul For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Salimpur P.S. Case No. 257 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 452, 307, 302, 504 and 506 of the IPC.

3. Bira Singh is the informant of this case. He lodged FIR stating therein that in the night of 09.12.2019, his daughter-in-law and wife (the deceased), were sleeping in one room and the informant was also sleeping in the house at some distance. All of a sudden, his daughter-in-law, namely, Saroja Devi started crying as someone was knocking at the door. The

2/4 informant saw the person who was knocking the door and identified him as Teja Singh. Thereafter, Teja Singh fled away. In the next morning, when the informant went to the house of Teja Singh to inquire into the matter, he abused and assaulted the informant. On 10.12.2019, at 04:00 pm, Arjun Singh, Teja Singh, Nanda Singh, Rudal Singh (the petitioner), Bhulat Singh, Channu Singh, Dipak Singh and Soyal Kumar came there with lathi, stick, iron rod, pistol etc. and they attacked the informant and his wife Kari Devi. It is further alleged that Kari Devi died during course of treatment.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He submitted further that during investigation, it was detected that the informant had taken Rs. 3,00,000/- on credit from Teja Singh for the expenses of marriage of his daughter. By drawing my attention towards paragraph nos. 163 and 189 of the supplementary case diary, the learned counsel for the petitioner submits that Sima Devi, the daughter of the informant and the deceased stated that her father (the informant) hatched a conspiracy to falsely implicate Teja Singh and his family members, after killing mother of this witness Sima Devi. Sima Devi, in her statement recorded under Section 164 of the

3/4 Cr.P.C., stated that her uncle, aunt and cousin committed murder of her mother. It has also been submitted that the second daughter of the informant namely Nirjala Kumari was also an eye-witness to the occurrence and she was killed by the informant and his family members and in this respect, Salimpur P.S. Case No. 37 of 2024 has been lodged by elder daughter of the informant namely Sima Devi in which she has alleged that the informant Bira Singh along with Ram Pravesh, Brahamdeo Singh, Dharamdeo Singh, Anil Singh, Sunil Singh, Chunchun Singh, Dinesh Singh, Surendra Singh, Rajan Singh, Chhotu Singh, Rajesh Singh, Shailesh Kumar, Raja Kumar, Girja Devi and Sudama Devi committed murder of her sister and threw her dead body.

5. The learned APP for the State has opposed the prayer for bail and submitted that Sima Devi did not lodge any case about disappearing of her sister Nirjala Kumari. As per affidavit, she had disappeared since 2019.

6. From perusal of the statement of daughter of the informant, it appears that the informant and his family members are involved in commission of murder of his own wife.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on

4/4 bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Barh (Patna) in connection with Salimpur P.S. Case No. 257 of 2019, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Kundan/Arish U T