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Patna High Court

Naushad Aalam @ Naushad Ansari @ NaushadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Naushad Aalam, was arrested in connection with a dowry death case (Sections 304B/34 IPC) and a charge of murder under Section 306 IPC. He claimed innocence, asserting that the alleged dowry demand was false and that the victim’s death was a suicide, supported by a forensic science laboratory report detecting poison. The petitioner had been in custody since May 22, 2024, and sought regular bail. The court examined the forensic evidence and the circumstances of the case, finding no compelling reason to deny bail. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance before the trial court.

Issues considered

  • What is the appropriateness of granting bail in a dowry death case under Sections 304B/34 IPC?
  • Does the forensic report indicating suicide justify the grant of bail despite the serious nature of the charges?

Legislation cited

Subjects

  • dowry death
  • regular bail
  • IPC 304B
  • IPC 306
  • forensic report
  • suicide
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53265 of 2025
                     Arising Out of PS. Case No.-110 Year-2024 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Naushad Aalam @ Naushad Ansari @ Naushad S/o Aalam Ansari R/o
                 Village- Amjhar Sarif Tole, P.S.- Haspura, District- Aurangabad (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Kumar Pandey
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                       Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Haspura P.S. Case No. 110 of 2024,

                   registered for the offences punishable under Sections 304(B)/34

                   of the IPC.

                                   3. According to the allegation, the petitioner, who is

                   the husband of the deceased, and his family members committed

                   dowry death of the deceased.

                                  4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. The occurrence has taken place after five years of

                   the marriage. The allegation of demand of dowry is palpably
           Patna High Court CR. MISC. No.53265 of 2025(4) dt.08-01-2026
                                                       2/2




                     false. The petitioner is under custody since 22.05.2024.

                                  5. The FSL report shows that poisonous substance

                     was detected from the viscera, which shows that the victim

                     committed suicide. The charge sheet has been submitted under

                     Section 306 of the IPC.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned A.D.J.-II,

                     Aurangabad in S.Tr. No. 663/2024/98/2024 in connection with

                     Haspura P.S. Case No. 110 of 2024, subject to the condition that

                     the petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.

                                  7. The petitioner shall physically appear before the

                     learned court below on each and every date. In case of

                     failure on two consecutive dates, unless he is prevented by

                     extremely adverse circumstances, the learned court below

                     will be at liberty to cancel the bail bonds of the petitioner.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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