Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15405 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Mahesh Paswan S/O Late Ramvilash Paswan R/O Village- Brahampur, P.SKamtaul, District- Darbhanga. 2.

Pramila Devi W/O Mahesh Paswan R/O Village- Brahampur, P.S- Kamtaul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. Perused the case diary.

2. The petitioners apprehend their arrest in connection with Kamtaul P.S. Case No. 300 of 2024 registered for the offences punishable under Sections 80, 238 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per prosecution case, the accusation against the accused persons including the petitioners is committing murder of the Informant's daughter for non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as

Patna High Court CR. MISC. No.15405 of 2025(3) dt.15-07-2025 2/3 alleged against them and have falsely been implicated in the present case. The petitioners are father-in-law and mother-inlaw of the deceased. There is no specific or direct allegation of any overt act against the petitioners rather the same is general and omnibus in nature. He further submits that after the death of the deceased, the Informant was properly informed by the accused persons and, in their presence, the last rites was done. The petitioners have never demanded any dowry from the deceased or her family members. Both the petitioners were living separately from the mess and business of the deceased and her husband. The petitioners have no criminal antecedent as have been stated in paragraph no.3 of the present anticipatory bail application. The petitioners have no concern with the alleged occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners, stating that the offence alleged is heinous in nature. He further submits that the witnesses in Para- 4, 5 & 6 have supported the prosecution case. Charge-sheet has been submitted in this case.

6. Having heard learned counsel for the parties and taking into account the nature and gravity of the evidence as also taking into account the materials available in the case diary,

Patna High Court CR. MISC. No.15405 of 2025(3) dt.15-07-2025 3/3 this Court is not inclined to grant bail to the petitioners.

7. Accordingly, the prayer for anticipatory bail of the petitioners, above named, is rejected. If the petitioners surrender before the court below within a period of six weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) rishi/- U T