Babul Alam @ Md. MisterversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86124 of 2025
                      Arising Out of PS. Case No.-8 Year-2025 Thana- FATEHPUR District- Kishanganj
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                 Babul Alam @ Md. Mister S/O Late Kalimuddin @ Kelavariya @ Salim
                 Resident of Village- Bairiya, P.S.- Fatehpur, Dist.- Kishanganj

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Radha Mohan Singh, Adv.
                 For the Opposite Party/s :        Mr. Ram Naresh Ray, App.
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                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   13-05-2026                  1. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of regular bail, arises out

                   of Fatehpur Police Station Case No. 08 of 2025, disclosing

                   offences under Sections 103(1) and 3(5) of the BNS, 2023.

                                3. As per the FIR, the marriage of the informant's

                   daughter was solemnized with the petitioner about eight years

                   ago. On 31.03.2025, he got the information that his daughter has

                   been killed. Upon this information, the informant, along with his

                   family members, reached the matrimonial house of his daughter

                   and found that she was dead. It has been alleged that the

                   petitioner, along with other co-accused persons, have assaulted

                   his daughter and hanged her also.

                                4. Mr. Radha Mohan Singh, learned counsel for the
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          petitioner, submits that petitioner is husband of the deceased and

          the marriage was performed about eight years ago. There is

          allegation against the petitioner and other co-accused persons,

          who were the family members of the petitioner, that they

          assaulted the deceased and subsequently hanged her. During

          course of investigation, the police submitted final form against

          the other accused persons, i.e., family members of the petitioner,

          but has submitted charge sheet against the petitioner under

          Section 103(1) and 80(2) of the BNS, 2023, whereas, from the

          FIR itself, it appears that the marriage was solemnized about

          eight years ago. The charge sheet has been submitted against the

          petitioner only.

                       5. He next submits that in the post-mortem report, no

          external injuries have been found on the body of the deceased.

          In the FSL examination, the preliminary opinion of the expert is

          that to collect viscera from hospital and send it to RFSL,

          Bhagalpur for laboratory analysis through proper channel. The

          suspected ligature material, i.e., multi-colored stole (chunni),

          was collected from the house of the deceased. The mother of the

          deceased in her statement during investigation has said that the

          petitioner used to torture and beat her daughter and killed her.

                       6. Learned counsel further submits that prima facie
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          material has not been collected to show that the petitioner killed

          his wife, rather the materials collected suggests that she has

          committed suicide. The police, after investigation, submitted

          charge sheet and charges have been framed against the

          petitioner on 30.07.2025. The petitioner is in custody since

          07.04.2025 and there is no likelihood that the petitioner will

          abscond or tamper with the evidence.

                       7. Regards being had to the submissions made by the

          parties and taking into consideration the nature of allegation and

          the materials collected during investigation and the fact that

          marriage was solemnized about eight years ago and the charges

          have been framed, accordingly, I am inclined to grant regular

          bail to the petitioner.

                      8. This application is, accordingly, allowed.

                      9. Let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount, each to the satisfaction of

          learned Sessions Judge, Kishanganj in connection to the

          Fatehpur Police Station Case No. 08 of 2025.

                       10. This is subject to the condition that the petitioner

          shall present himself before the police/Court, as the case may

          be, as and when required and in the event of failure on his part
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                     to appear before the Court on two consecutive occasions, his

                     bail bond shall be liable to be cancelled.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T