Pintu Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25733 of 2025

Arising Out of PS. Case No.-879 Year-2024 Thana- SITAMARHI District- Sitamarhi

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Pintu Kumar, aged about 19 years (Male), S/o Sikandar Baitha, R/o VillageBhagwanpur Piprarhi, P.S.- Riga, Distt.- Sitamarhi

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Hans Lal Kumar, Advocate For the Informant : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 23-07-2025

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Heard learned counsel for the petitioner, learned counsel

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for the informant and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 879 of 2024 dated 20.12.2024 registered for the offence punishable under Section 103 of the B.N.S., 2023.

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As per the prosecution case, on 19.12.2024, the petitioner is alleged to have killed the wife of the informant by strangulation her mouth and nose.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the informant is not an eye witness to the alleged offence and only he suspected that the petitioner has committed murder of his wife by strangulating her

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Patna High Court CR. MISC. No.25733 of 2025(3) dt.23-07-2025 2/3

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mouth and nose. It is further submitted that the deceased was married lady aged about 40 years old and she herself involved in prostitution and running brothel for commercial purpose by providing sexual exploitation. It is further submitted that on the alleged date, time and place of occurrence, the petitioner went there and when he entered inside the room then he found the deceased was lying fainted then he due to fear, tried to escape him from there but he was caught by local pimps, which shows that the deceased was lying dead from before since his arrival. The petitioner has no motive to commit murder of the deceased rather due to internal illness she was fainted and later on she died. The deceased was examined and the doctor has not found any external injury on the body of the deceased and cause of death could not be ascertained by the doctor who conducted autopsy on the deceased, however, viscera are preserved for chemical analysis, whereas time elpase since death and P.M. held within 24 hours. It is further submitted that after arrest of the petitioner, he was not medically examined. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 21.12.2024.

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Learned A.P.P. for the State and learned counsel for

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Patna High Court CR. MISC. No.25733 of 2025(3) dt.23-07-2025 3/3

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the informant have vehemently opposed the prayer for bail petition of the petitioner and has submitted that the petitioner is named in the F.I.R. Learned counsel for the informant has further submitted that there is direct allegation against the petitioner that he killed the deceased by strangulating her mouth and nose which is evident from paragraph nos. 2 and 9 of the case diary. The statements of witnesses have been recorded which are in paragraph nos. 10 and 11 of the case diary and all have supported the prosecution case.

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Considering the aforesaid facts and circumstances of the case as well as the accusation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Sitamarhi P.S. Case No. 879 of 2024, pending in the court of learned C.J.M. Sitamarhi/concerned court.

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The application stands rejected.

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The learned trial court is directed to expedite the trial

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of the petitioner and conclude the same at the earliest.

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(Chandra Prakash Singh, J)

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U.K./- U T

Pintu Kumar v. The State of Bihar

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Pintu Kumar v. The State of Bihar

Case brief

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