Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17356 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Deepak Paswan S/o Rajendra Paswan @ Rajesh Paswan Resident of VillageAdalpur, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the parties.

2 The petitioner seeks regular bail in a case originally registered for the offence punishable under Sections 103 (1), 80, 61 (2)/3 (5) of the BNS but charge sheet has been submitted in this case under Sections 108/3 (5) of the BNS and cognizance has also been taken under Sections 108/3 (5) of the BNS. 3 The prosecution case, in short, is that the deceased was married with the petitioner in the year, 2012. It is further alleged that the petitioner along with other in-laws subjected her to cruelty. The petitioner was having illicit relationship with the wife of one Bhola Vishwakarma and the petitioner also demanded Rs 1 lac as dowry. It is further alleged that on 23.09.2025, the deceased was killed by throttling. 4 Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.17356 of 2026(3) dt.04-05-2026 2/3 marriage was solemnized in the year, 2012 and, as such, it is not a case of dowry death. During the course of investigation, it has come that the petitioner was living at Delhi for his livelihood and on the date of occurrence, the deceased has made a call to the petitioner. After that, she closed the room and slept with the children. In the morning, she was found dead. Learned counsel for the petitioner has further submitted that from perusal of the post mortem report also, it would transpire that only legature mark was found on the person of the deceased and the doctor conducting autopsy has opined that cause of death is ante mortem hanging. It is further submitted that after investigation, police has submitted charge sheet under Section 108 of the BNSS. It is also submitted that the petitioner is in custody since 07.10.2025 having clean antecedent.

5 Learned APP appearing for the State has vehemently opposed the prayer for bail.

6 Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in Rafiganj PS Case

Patna High Court CR. MISC. No.17356 of 2026(3) dt.04-05-2026 3/3 No 415 of 2025.

(Ashok Kumar Pandey, J) M.E.H./- U T