Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70245 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bablu Singh, Son of Late Maheshwari Singh, Resident of Village- Balgudar, P.S. and District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the State :
Mr. B.N. Pandey, APP Mr. Rajnish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 365 IPC and later on Sections 302 & 201/34 of the IPC was added.
3. The case of the prosecution is that the petitioner and Lalan Singh gave an information that Gaurav Kumar and his wife who is daughter of Lalan Singh is missing. They have gone to Delhi but they did not reached there. The case was filed under Section 365 IPC. During investigation one Rajo Sahni has given his confessional statement and in his confessional statement he has stated that on the night of the occurrence Manisha Kumari (deceased) was murdered and the dead body was concealed in
Patna High Court CR. MISC. No.70245 of 2024(6) dt.09-04-2025 2/3 the Harohar River. In this case, Gaurav Kumar, the son of the petitioner has also given his confessional statement. The petitioner is admittedly the father-in-law of the deceased.
4. Learned counsel for the petitioner has submitted that the statement of Lalan has come during investigation on 14.03.2024 whereas the FIR was filed on 23.02.2024, i.e. after a month. It has also been argued that the occurrence is of 12.02.2024 and the FIR was lodged on 23.02.2024, i.e. after 11 days and from perusal of the post-mortem report it is clear that the post-mortem was conducted on 03.03.2024. The Doctor has opined that time since death is 72 to 96 hours. The post-mortem report shows that the death was caused 72 to 96 hours prior to the commission of the post-mortem. Post-mortem was conducted on 03.03.2024, i.e. at least 20 days after the date of the alleged occurrence. The post-portem report does not support the statement of Rajo Sahni. There is nothing except confessional statement of Rajo Sahni against this petitioner. Moreover, the petitioner is father-in-law. The petitioner is having no criminal antecedent and he is in jail since 07.04.2024.
5. Learned APP for the State and learned counsel for the Informant has opposed the prayer for bail. The learned counsel for the Informant has given much stress to the confessional
Patna High Court CR. MISC. No.70245 of 2024(6) dt.09-04-2025 3/3 statement of Rajo Sahni on whose disclosure the dead body was recovered. In para-37 of the case diary, Lalan Singh has given his statement that the relation between his daughter and son-inlaw was not good and that he was having extra-marital relation.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lakhisarai P.S. Case No. 156 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Lakhisarai.
(Ashok Kumar Pandey, J) durgesh/- U T