Jahangir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68917 of 2025 Arising Out of PS. Case No.-44 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Jahangir Alam S/O Kalim Akhtar Resident of Village - Chandrahiya Tola Setha, P.S. - Harsidhi, District - East Champaran. At present Resident of Village - Bada Pareuwa, Ward No. 18, P.S. - Raxaul, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial Case No. 886 of 2024 arising out of Raxaul P.S. Case No. 44/2024 dated 17.02.2024 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter by hanging due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.68917 of 2025(2) dt.28-11-2025 2/3 this case. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Learned counsel has submitted that as per paragraph nos. 3 and 9 of the case diary, it was found that door and window of the room of the house of the deceased was closed from inside and the door was opened in the presence of learned Magistrate and villagers. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that in paragraph 21 of the case diary, the post-mortem report of the deceased is mentioned, where the cause of death is Asphyxia due to hanging. The petitioner is the husband of the deceased. The bail application of the petitioner has already been rejected by this court vide order dated 05.08.2024 passed in Cr. Misc. No. 50441 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.68917 of 2025(2) dt.28-11-2025 3/3 concerned, East Champaran, Motihari in connection with Sessions Trial Case No. 886 of 2024 arising out of Raxaul P.S. Case No. 44/2024, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T