Patna High Court
Noor Alam @ Md. Noor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Noor Alam was arrested in connection with a dowry death case (Sections 80(2), 108, 3(5) of the Bharatiya Nyay Sanhita, 2023) alleging he and his family tortured his daughter-in-law, leading to her suicide. The petitioner claimed he was in Delhi at the time of the incident and asserted his innocence, arguing he was falsely implicated merely as the husband of the deceased. The prosecution opposed bail, highlighting the seriousness of the offence and the petitioner’s prior criminal antecedent. The court considered the facts, the petitioner’s claim of alibi, and the need to ensure trial cooperation. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80(2), 108, and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s alleged alibi and prior criminal antecedent affect the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 108, 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyay Sanhita
- criminal antecedent
- alibi
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29628 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- THAKURGANJ District- Kishanganj
======================================================
Noor Alam @ Md. Noor Alam S/o Mujibur @ Mujibur Alam R/o Village -
Jirangachh, P.S - Thakurganj, District – Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Ravi Kumar, learned counsel for the
petitioner as well as Mr. Sanjay Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.02.2026 in connection with Thakurganj P.S. Case No.37 of
2026, F.I.R. dated 11.02.2026 for the offences punishable under
Sections 80(2), 108, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution’s case, the informant
has alleged that, due to continuous torture inflicted by the
petitioner and his family members in connection with demands
for dowry, his daughter was driven to commit suicide.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29628 of 2026(2) dt.05-05-2026
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petitioner is innocent and he has falsely been implicated in the
present case merely on the basis that petitioner is husband of the
deceased. It appears from the FIR that the alleged occurrence
took place in the house of the father of the deceased and
petitioner was not present at the place of occurrence rather he
was at Delhi for earing livelihood for his family, therefore it
appears that petitioner has no role at all in the present
occurrence and the deceased has committed suicide herself and
the petitioner is in custody since 26.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner is husband of the deceased and apart
from that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Kishanganj in connection with Thakurganj
P.S. Case No.37 of 2026, subject to the following conditions:-
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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