Md. Izhar Alam @ Izhar @ Md. Izhar @ Izhar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56680 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- BALIA BELON District- Katihar ====================================================== Md. Izhar Alam @ Izhar @ Md. Izhar @ Izhar Alam S/O Sajjad Alam R/O Village - Raiyanpur, P.S. - Balia-Belon, Dist. - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Qumrul Hoda, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-12-2025 Heard Mr. Md. Qumrul Hoda, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Sessions Trial No. 278 of 2025 arising out of Balia Belon P.S. Case No. 20 of 2024 registered for the offence punishable under Section 302 of the Indian Penal Code.
3. The case of the prosecution in short is that the daughter of the informant was sleeping in the room with her sisters; she was not found there by the informant. She was being searched, and from a WhatsApp message, he came to know that a body was hanging in village Bijhara. Then, when the informant inquired with the villagers of Bijhara, he came to know that the body was sent for postmortem. The informant believes that Md. Izhar Alam (the petitioner), who was also
Patna High Court CR. MISC. No.56680 of 2025(4) dt.08-12-2025 2/3 missing from the same day, has killed his daughter.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that this case is based on suspicion, and during the course of investigation, CDR was collected, and from the CDR of the petitioner and deceased, it is clear that they were on talking terms. Save and except the CDR and suspicion, there is nothing against this petitioner. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 10.11.2024.
5. The application for bail is opposed by the learned APP for the State, who submits that during the course of investigation, the petitioner has gave his defence version wherein he stated that the deceased had told him that her stepmother abuses and assaults her. Thereafter, he brought her to Shikarpur as the deceased was pressing the petitioner to live with her. Subsequently, he went to her matrimonial house, where she was always on talking terms. He later came to know that in the mango groves of Bijhara, a dead body was found hanging. In this case, after investigation, the police have
Patna High Court CR. MISC. No.56680 of 2025(4) dt.08-12-2025 3/3 submitted a charge sheet.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-III, Katihar/Competent Court in connection with Sessions Trial No. 278 of 2025 arising out of Balia - Belon P.S. Case No. 20 of 2024.
7. Accordingly, the prayer for regular bail of the petitioner stands allowed.
(Ashok Kumar Pandey, J) Sudhanshu/- U T