Patna High Court
Md. Danish Alam @ Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Md. Danish Alam, was implicated in a murder case (Mithanpura Police Station Case No. 77 of 2025) after his wife was found dead, allegedly hanged. The FIR was lodged under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023. The petitioner sought anticipatory bail, contending that the death was a suicide, supported by the post‑mortem report indicating asphyxia due to antemortem hanging and the testimony of the five‑year‑old son who said his parents had quarreled and the mother hanged herself. The State relied on the same statements of the child to argue the seriousness of the offence. The Court, after considering the child's statement, the medical report, and the absence of any allegation of foul play or dowry demand, found no material to deny bail. Consequently, the Court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023 in view of the circumstances of the alleged murder.
- Whether the evidence, including the child's testimony and post‑mortem report, establishes a prima facie case of murder warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 80(2)
Subjects
- anticipatory bail
- murder
- suicide
- post‑mortem report
- child testimony
- Section 80(2) BNS
- Section 482(2) BNSS
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91330 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Md. Danish Alam @ Md. Danish Son of Khushanur Alam Residetn of
Village-Daudnagar, P S- Vaishali District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitu Kumari
Mr. Ratneshwar Prasad
Mr. Yogendra Kumar Singh
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 07-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mithanpura Police Station Case No. 77 of 2025, dated
02.04.2025, disclosing offences punishable under
Sections 80(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report
lodged on 02.04.2025, is that the informant's daughter
was married to the petitioner in the year 2019 and out of
the wedlock, one child was born, who is aged about five
years. It has been alleged that on 30.03.2025, the
informant received a call from his grandson, saying that
his mother has died, come soon. Thereafter, the informant
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arrived at the matrimonial home of his daughter and
found that his daughter was murdered.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and both, the husband and the wife, were residing
happily after their marriage about six years ago. The
occurrence has taken place on 30.03.2025 and according
to the First Information Report, the informant arrived
immediately at the matrimonial home of the deceased on
the same date, but no First Information Report was lodged
on that date. The post mortem examination report was
conducted on the dead body of the deceased on
31.03.2025 and till then, neither the First Information
Report was not lodged nor any U.D. case was lodged by
the police. In the post mortem examination report, the
doctor has opined that the deceased died due to asphyxia
as a result of the antemortem hanging. The son of the
deceased, aged about 05 years, during the investigation,
has stated before the police that there was a quarrel
between his mother and father and subsequently
thereafter, the mother hanged herself. The boy informed
his father immediately and thereafter the petitioner came
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and found that the deceased was hanging with stole. The
stole was cut and the body was brought down. There is no
allegation of torture and demand of dowry in the First
Information Report.
5. Learned Counsel or the State, referring to the case diary,
submits that the son of the deceased, aged about five
years, has said that after quarrel, the deceased hanged
herself from the fan.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the statement
of the son of the petitioner and the deceased and the post
mortem examination report of the deceased, I am inclined
to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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
Judicial Magistrate, 1st Class, Muzaffarpur (East), in
connection with Mithanpura Police Station Case No. 77
of 2025, subject to the condition laid down under Section
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482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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