Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the post‑mortem indicating death by hanging, corroborative village testimony of suicide, and the petitioner’s clean record, he is entitled to regular bail.
Summary
The petitioner, Naushad Alam, was charged under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita for the alleged murder of his wife, Karima Khatoon, whose death was initially presented as a homicide due to alleged dowry cruelty. The prosecution alleged that the petitioner and family members killed the deceased, while the defence argued that the death was a suicide, supported by the post‑mortem report showing a ligature mark consistent with hanging and village testimony to that effect. The petitioner had no prior criminal record and had been in custody since 3 April 2025. After hearing both sides, the court considered the nature of the evidence, the lack of antecedents, and the statutory provisions for bail. Concluding that the circumstances did not warrant continued detention, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond with sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the death of Karima Khatoon was a suicide or homicide.
- Whether the petitioner’s lack of criminal antecedent justifies grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 80
Subjects
- bail
- dowry death
- suicide
- homicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80256 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Naushad Alam S/o Samsher Alam @ Shamsher Alam @ Shamsher Miyan @
Mian R/o Village- Chakki Pakadi, P.S.- Shikarpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 80 and 3(5)
of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that Karima
Khatoon (deceased) was married to the petitioner on
21.11.2024. At the time of marriage, sufficient gifts were given.
It is further alleged that she was subjected to cruelty on account
of non-fulfillment of dowry demand of motorcycle. On
12.02.2025 the informant received an information that the
deceased has died. When the informant went to the matrimonial
house of his daughter, he found that his daughter was lying dead
and there was black mark on her neck. The informant believes
Patna High Court CR. MISC. No.80256 of 2025(3) dt.21-01-2026
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that the petitioner along with other family members have killed
his daughter (deceased).
4. Learned counsel for the petitioner has submitted
that the deceased was not happy with the marriage and she
herself has committed suicide. Learned counsel has further
submitted that from perusal of the post mortem report it will
transpire that the Doctor conducted autopsy of the deceased and
has found only one ante-mortem injury, i.e. one oblique ligature
mark size 7” long and ½” wide, present above thyroid cartilage
and extended upto angle of mandible bilaterally and the cause of
death is Asphyxia due to hanging. Learned counsel for the
petitioner has submitted that during course of investigation,
villagers have disclosed that the deceased has committed
suicide. This fact is substantiated with the supervision report
where it has been endorsed by the supervising authority that the
villagers have disclosed that the deceased has committed
suicide. Learned counsel for the petitioner has lastly submitted
that the petitioner is having no criminal antecedent and is in
judicial custody since 03.04.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.80256 of 2025(3) dt.21-01-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Shikarpur P.S. Case No. 177 of 2025 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM 6th, Bettiah, West
Champaran.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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