Priyanka Devi @ Priyanka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12053 of 2025 Arising Out of PS. Case No.-511 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
Priyanka Devi @ Priyanka Kumari Wife of Pankaj Paswan, Daughter of Shyam Sundar Paswan @ Jathu Paswan Resident of Village - Bidupur Daudnagar, P.S. - Bidupur, District - Vaishali 2.
Babita Devi Wife of Pramod Paswan Resident of Village - Chandpur Ward No.2, P.S. - Shahpur Patori, District - Samastipur 3.
Raju Paswan Son of Shyam Paswan @ Jathu Paswan Resident of Village - Chandpur Ward No.2, P.S. - Shahpur Patori, District - Samastipur 4.
Chhotu Paswan Son of Shyam Sundar Paswan @ Jatahu Paswan@ Jathu Paswan Resident of Village - Chandpur Ward No.2, P.S. - Shahpur Patori, District - Samastipur ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304 B and 201/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
3. The allegation in the first information report is that the daughter of the informant was married to the co-accused, Uday Paswan and she was subjected to demand of dowry and was done to death on account of non-fulfillment of the same.
4. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.12053 of 2025(4) dt.17-06-2025 2/3 petitioner no.1 is sister-in-law (married Nanad), petitioner no.2 is sister-in-law (Gotani), petitioner no.3 is cousin brother-inlaw and petitioner no.4 is own brother-in-law of the deceased. It is further submitted that the allegation levelled against the petitioners is not specific rather general and omnibus in the first information report but the primary responsibility of the wife would be upon the husband of the deceased, who is not the petitioner herein, and he has also taken recourse to the legal proceedings. It is further submitted that the petitioners are staying separately and have no concern with the day to day affairs of the deceased and her husband. Further, the deceased had died on account of some ailment and the cremation was also done in presence of the family members but, subsequently, the present case has been lodged for some oblique motive. It is further submitted that the informant has now filed a petition that she does not want to pursue the matter.
5. Learned APP for the State opposed the prayer for anticipatory bail on the ground that the present case is that of dowry death.
6. Taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioners as also the fact that the father-in-law, mother-in-law and two brothers-
Patna High Court CR. MISC. No.12053 of 2025(4) dt.17-06-2025 3/3 in-law have already been granted privilege of anticipatory bail vide order dated 22.05.2025 passed in Cr. Misc. No.34254 of 2025 and the petitioners happens to be in-laws of the deceased as also considering the fact that it would be the husband of the deceased who would be primarily responsible for welfare of his wife, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Shahpur Patori P.S. Case No.511 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, and further condition that one of the bailors would be own blood relative/family members of the petitioners. (Soni Shrivastava, J) Trivedi/- U T