Somenath Singh @ Shobh Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65318 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- BHELDI District- Saran ====================================================== 1.

Somenath Singh @ Shobh Nath Singh Son of Yogendra Singh R/O- VillageRajjupur Tola, PS- Bheldi, District- Saran 2.

Minta Devi Wife of Somenath Singh @ Shobh Nath Singh R/O- VillageRajjupur Tola, PS- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in Bheldi P.S. Case No. 59 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, at morning the informant (petitioner no. 1) found that his daughter is not present at her room. On search, his daughter could not be traced out. At about 01:45 PM a rumor has been spread that one dead body of a girl is thrown in the potato field of one Sikandar. Informant went there and identified the said dead body as his daughter.

Patna High Court CR. MISC. No.65318 of 2024(3) dt.19-11-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the petitioners are father and mother of the deceased. The petitioners are not named in the FIR. Name of the petitioners have transpired in this case on the basis of confessional statement of co-accused Himanshu Kumar and the same has got no evidentiary value. It is further submitted that the petitioner no. 1 is the informant of the present case. The petitioners are in custody since 18.03.2024 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is also submitted that on perusal of para-34 of the case diary it transpires that coaccused Himanshu Kumar in his confessional statement has accepted the commission of murder of the deceased along with the petitioners. The petitioners have committed murder of their own daughter. It is further submitted that there is specific allegation levelled against the petitioners. Hence, the petitioners do not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.65318 of 2024(3) dt.19-11-2024 3/3 of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioners.

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T