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Patna High Court

Khurshid AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners, directing their release on bond with sureties.

Summary

The petitioners, Khurshid Alam and Aysha Khatoon, father‑in‑law and mother‑in‑law of the deceased Resham Praveen, were arrested in connection with a dowry‑related death alleged under Sections 80, 61 and 238 of the B.N.S., 2023. The prosecution claimed the in‑laws killed the daughter‑in‑law after she complained of dowry cruelty, citing a post‑mortem report that indicated death by ante‑mortem hanging. The petitioners contended they were falsely implicated, had no criminal antecedent, and that the allegations were vague and omnibus. They had been in judicial custody since 24‑11‑2025 and sought bail. After hearing both sides, the High Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs 10,000 with two sureties each.

Issues considered

  • Whether bail can be granted to the petitioners under Sections 80, 61 and 238 of the B.N.S., 2023 despite the seriousness of the alleged dowry‑related homicide.
  • Whether the evidence on record, including the post‑mortem report, is sufficient to justify continued detention.

Legislation cited

Subjects

  • bail
  • dowry death
  • cruelty
  • ante‑mortem hanging
  • Sections 80, 61, 238
  • B.N.S. 2023
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5037 of 2026
                      Arising Out of PS. Case No.-222 Year-2025 Thana- JALALGARH District- Purnia
                 ======================================================
           1.     Khurshid Alam Son of Md. Natho Khalifa Resident of Village - Khalifa Tola
                  Jalalgarh, P.O.- Jalargarh, P.S.- Jalalgarh, District - Purnea.
           2.    Aysha Khatoon Wife of Khurshid Alam Resident of Village - Khalifa Tola
                 Jalalgarh, P.O.- Jalargarh, P.S.- Jalalgarh, District - Purnea.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Bidju Ranjan, Advocate
                 For the Informant       :        Mr. Md. Fazle Karim, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioners; learned

                   counsel for the informant and the learned APP for the State.

                                 2. The petitioners have prayed for bail in connection

                   with Jalalgarh P.S. Case No. 222 of 2025 registered for the

                   offence punishable under Sections 80, 61 and 238 of the B.N.S.,

                   2023.

                                 3. The case of the prosecution in short is that Resham

                   Praveen was married with one Md. Sarfraz. It is further alleged

                   that after the marriage, she was subjected to cruelty on account of

                   dowry demand of Rupees Five lakhs. It is further alleged that on

                   02.11.2025, the deceased has informed her mother that she may be

                   killed by her in-laws. On 03.11.2025, the informant came to know
Patna High Court CR. MISC. No.5037 of 2026(2) dt.10-02-2026
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          that all the in-laws have killed the deceased.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. He also submits that the petitioners are father-in-law and

          mother-in-law and the husband is already in custody. The nature of

          allegation is general and omnibus. He further submits that from

          perusal of the order of the learned trial court, it is clear that the

          learned trial court has recorded that “according to the post-mortem

          report, one ligature mark 0.5” wide obliquely, 0.25” below left ear

          base, 2.5” below chin and 4” below right ear base was present over

          upper part of neck going upwards and backwards upto left lower

          base of mandible where it was absent and represented by rough

          impression i.e., knot mark. Skin surface of ligature mar was pale,

          hard, leathery and parchment like and margins red and congested.

          One abrasion was present over left elbow and one bruise was also

          there. The doctor conducting autopsy has opined that the cause of

          death is Asphyxia and venus congestion due to ante-mortem

          hanging.” He further submits that a statement has been made in

          para 3 of the petition that petitioners have no criminal

          antecedent and they are languishing in judicial custody since

          24.11.2025.

                       5. The application for bail is vehemently opposed by the
           Patna High Court CR. MISC. No.5037 of 2026(2) dt.10-02-2026
                                                       3/3




                     learned counsel for the informant and the learned APP for the

                     State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.        The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Judicial Magistrate, 1st Class, Purnea in connection with Jalalgarh

                     P.S. Case No. 222 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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