Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36188 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Md. Aslam S/O Md. Kalim R/O Village- Bawanganj, P.S- Korha, Distt.- Katihar (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Pasraha P.S. Case No. 189 of 2024 dated 27.07.2024, instituted for the offence punishable under Sections 103(1), 3(5) of the B.N.S., 2023.

3. The prosecution case, in short, is that on 24.07.2024, when informant went to Lahariya Sarai, Darbhanga to work in Power Grid, he received information on his mobile from his sister Seema Kumari that informant's wife, Neha Kumari committed suicide by hanging herself in a room of her house. By the time informant and informant's brother Prem Kumar reached home, postmortem of the dead body was already

Patna High Court CR. MISC. No.36188 of 2025(3) dt.13-08-2025 2/3 done. When informant came home and checked his wife's mobile no. 9931574606, he suspected that his wife did not commit suicide. Someone has murdered his wife and hanged her. When informant's wife died by hanging, the call was active from mobile no. 8935988700 and his wife had earphones in her ears. There was no one in his house at the time of the murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that originally the case was filed under Section 103, 3(5) of the B.N.S. but the police has submitted charge-sheet under Section 108 of the B.N.S. after investigation. It is next submitted that the F.I.R. has been lodged after a delay of three days without any plausible explanation. From perusal of F.I.R., it appears that deceased has committed suicide by hanging herself in a room and this fact was communicated by the sister of the informant. Petitioner has been made accused in this case only on the basis of suspicion that deceased was talking with him at the time of committing suicide. There is no material against the petitioner to connect him in the said crime. Further submission is that there is no case of any abatement of suicide against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 29.11.2024

Patna High Court CR. MISC. No.36188 of 2025(3) dt.13-08-2025 3/3 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in Pasraha P.S. Case No. 189 of 2024.

(Khatim Reza, J) Sankalp/- U T