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2026 Supreme(Online)(Pat) 2284

PATNA HIGH COURT
Khurshid Alam
Cr.Misc.-5037/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5037 of 2026 Arising Out of PS. Case No.-222 Year-2025 Thana- JALALGARH District- Purnia ======================================================

1. Khurshid Alam Son of Md. Natho Khalifa Resident of Village - Khalifa Tola Jalalgarh, P.O.- Jalargarh, P.S.- Jalalgarh, District - Purnea.

2. Aysha Khatoon Wife of Khurshid Alam Resident of Village - Khalifa Tola Jalalgarh, P.O.- Jalargarh, P.S.- Jalalgarh, District - Purnea.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Bidju Ranjan, Advocate For the Informant : Mr. Md. Fazle Karim, Advocate For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 10-02-2026 Heard learned counsel for the petitioners; learned counsel for the informant and the learned APP for the State.

2. The petitioners have prayed for bail in connection with Jalalgarh P.S. Case No. 222 of 2025 registered for the offence punishable under Sections 80, 61 and 238 of the B.N.S., 2023.

3. The case of the prosecution in short is that Resham Praveen was married with one Md. Sarfraz. It is further alleged that after the marriage, she was subjected to cruelty on account of dowry demand of Rupees Five lakhs. It is further alleged that on 02.11.2025, the deceased has informed her mother that she may be killed by her in-laws. On 03.11.2025, the informant came to know that all the in-laws have killed the deceased.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that the petitioners are father-in-law and mother-in-law and the husband is already in custody. The nature of allegation is general and omnibus. He further submits that from perusal of the order of the learned trial court, it is clear that the learned trial court has recorded that “according to the post-mortem report, one ligature mark 0.5” wide obliquely, 0.25” below left ear base, 2.5” below chin and 4” below right ear base was present over upper part of neck going upwards and backwards upto left lower base of mandible where it was absent and represented by rough impression i.e., knot mark. Skin surface of ligature mar was pale, hard, leathery and parchment like and margins red and congested. One abrasion was present over left elbow and one bruise was also there. The doctor conducting autopsy has opined that the cause of death is Asphyxia and venus congestion due to ante-mortem hanging.” He further submits that a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since

24.11.2025.

5. The application for bail is vehemently opposed by the learned counsel for the informant and the learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Jalalgarh P.S. Case No. 222 of 2025.

(Ashok Kumar Pandey, J)

Sudhanshu/-

U T

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