Nawsad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56727 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Nawsad Alam S/O Harun Rashid R/O Village-Pokharbhinda, P.S- Kuchaikote, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Pd. Singh, Sr. Advocate Mr. Adesh Raj Singh, Advocate For the State :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned senior counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 103(1) of the B.N.S. and Section 27 of the Arms Act.
3. It is a case of honour killing. As per prosecution case, informant, who happens to be Chawkidar of Kuchaikote Police Station, has alleged that while on patrolling duty, he received information that a dead body of a woman is lying near the poultry farm of one Rajmohammad on the way of Vishunpura canal at village Nechua Pandey Tola and on such information, informant reached the place of occurrence and saw that a dead body of a woman is lying there. The deceased was
Patna High Court CR. MISC. No.56727 of 2025(4) dt.03-12-2025 2/3 identified as Sabana Khatoon. It is alleged that on examining the dead body, it was found that cause of death is due to gun shot injury caused on the forehead and by pressing her neck. It is further alleged that near the dead body of the deceased, a bullet cartridge was recovered.
4. It is submitted by learned senior counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. and he has falsely been implicated in this case merely on suspicion only because he happens to be brother of the deceased. Save and except suspicion, there is no material on record to show the complicity of this petitioner in the alleged occurrence. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that during course of investigation, it has come that the deceased had solemnized marriage with one Pawan Kumar for which there was a dispute between the petitioner's family and the deceased and they used to protest the marriage of the deceased and also tortured her and on the alleged date of occurrence, there was a quarrel between the mother of the deceased, this petitioner and the deceased. Due to
Patna High Court CR. MISC. No.56727 of 2025(4) dt.03-12-2025 3/3 love marriage between the deceased and Pawan Kumar ,which was solemnized at the Family Court in Delhi, family members of the deceased were annoyed with the deceased and also threatened to kill her. It has also come during course of investigation that brother of this petitioner has disclosed that this petitioner conspired and committed murder of the deceased.
6. Considering the facts and circumstances of the case, gravity of offence and materials that have surfaced during course of investigation, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T