Patna High Court
Khurshid AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 238, 61, 80
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
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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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