Patna High Court
Najarul Miyan @ Chhotu MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Najarul Miyan, was charged under Sections 103(1), 238 and 3(5) of the BNS for alleged dowry death, assault and extortion following the death of his wife, who the prosecution claims was murdered and the body staged as a road accident. The petitioner contended he was falsely implicated, asserting the marriage was over seven years old, making dowry death inapplicable, and that his wife had committed suicide by hanging, as indicated by the post‑mortem report. The State opposed bail, while the petitioner’s counsel highlighted his clean antecedents and lack of substantive evidence. The court examined the possibility of suicide, the charge sheet, and the petitioner’s custody duration, and decided to grant bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at trial dates and stipulated cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the accused in a dowry death and related offences case.
- Whether the death of the alleged victim can be presumed a suicide, affecting the bail decision.
- Whether the charge sheet and evidence are sufficient to justify continued detention.
- Whether the petitioner is a flight risk or likely to tamper with evidence.
Legislation cited
Subjects
- bail
- dowry death
- suicide
- criminal procedure
- Section 103
- Section 480
- charge sheet
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83294 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Najarul Miyan @ Chhotu Miyan S/o Harun Miyan Resident of Village-
Jaimagalapur, 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, Adv.
For the Opposite Party/s : Mr.Ajay Kr Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 569/2025 arising out of
Shikarpur P.S. Case No. 121 of 2025, registered for the offences
under Sections 103(1), 238, 3(5) of the BNS.
3. As per the prosecution case, the daughter of the
informant was married with the petitioner and there is allegation
that petitioner and other coaccused persons used to assault and
torture the daughter of the informant and they have been
demanding a bullet motorcycle and Rs. 1 lakh in cash.
Subsequently, the informant received intimation about death of
his daughter in a motor accident. The informant alleged that the
petitioner and other co-accused persons abused and assaulted his
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daughter and killed her and in order to conceal the evidence,
they put the dead body on the road to make a case for accident.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Admittedly the marriage took
place more than seven years ago and for this reason there could
be no case of dowry death. Moreover allegation of demand of
bullet motorcycle and Rs. 1 lakh cash after seven years of
marriage is not believable. Learned counsel for the petitioner
submits that on the alleged date of occurrence, the petitioner
was not even present at the home rather he has gone outside to
earn his livelihood and only after coming to know about death
of his wife, he returned. Learned counsel further submits that
true fact of the case is that the deceased committed suicide as
she was a rancorous lady and on being scolded by her relatives,
she hanged herself to death. There is no cogent or substantive
material against the petitioner to show his involvement and post
mortem report also shows death occurred due to Asphyxia due
to hanging. The petitioner is in custody since 03.02.2025 and
charge sheet has been submitted. The petitioner has clean
antecedent.
5. Learned APP appearing for the State opposes the
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submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
possibility of victim committing suicide and also considering
submission of charge sheet against the petitioner and his period
of custody, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-
13, Bettiah, West Champaran/concerned court, in connection
with Sessions Trial No. 569/2025 arising out of Shikarpur P.S.
Case No. 121 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
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petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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