The Supreme Court cancelled the bail granted by the Patna High Court to a married man, accused of committing murder with the help of his lover, within three months of arrest.
A bench of Justices Surya Kant and Ujjal Bhuyan ruled that the high court should have had waited for the deposition of some of the vulnerable witnesses, including those who had claimed to see him at the place of occurrence or were aware of the alleged extra-marital relationship.
"Since the grant of bail by the high court is highly premature, the impugned order is accordingly set aside. The respondent No.1 (Pritesh Kumar) is directed to surrender within two weeks," the bench directed in its August 20 order.
The top court noted the undertaking given by the state government counsel that private witnesses would be produced before the trial court on the next two consecutive dates of the hearing.
"In view of this, the trial court is directed to list the trial and record their statements within four months," the bench said.
It added that after the depositions of witnesses, Pritesh would be at liberty to apply for bail afresh.
According to the prosecution, an FIR was registered on the complaint of one Vibhuti Kumar Singh in Sheohar district on October 27, 2023, against the accused for murder and criminal conspiracy.
As per the allegations, Singh's cousin Chandan Kumar Singh was married to a woman who was allegedly in an extra-marital relationship with Pritesh Kumar.
It was alleged that when the husband came to know about the affair, the woman and Pritesh hatched a conspiracy to eliminate him.
"For the execution of the alleged conspiracy, they hid in the bedroom and attacked Chandan Kumar Singh with a sharp-edged weapon, namely, with a knife to the stomach, chest and neck thereby causing multiple deep wounds. Resultantly, Chandan Kumar Singh died at the spot. Respondent No.1 (Pritesh Kumar) was allegedly seen running from the room in a half-naked condition," the bench noted from the FIR in its order.
An absconding Kumar was at length arrested on December 4 last year. However, the high court released him on bail through an order dated March 14, citing the period of custody and the facts and circumstances of the case.
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