Priyanka Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21557 of 2026 Arising Out of PS. Case No.-375 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== 1.
Priyanka Devi W/o Vyas Paswan @ Mukesh Paswan @ Byash Paswan R/o Village - Siswa Kharar, P.S - Kalyanpur, District - East Champaran 2.
Sudish Paswan S/o Hiraman Paswan @ Nishu Paswan R/o Village - Siswa Kharar, P.S - Kalyanpur, District - East Champaran 3.
Mukesh Paswan S/o Hiraman Paswan @ Nishu Paswan R/o Village - Siswa Kharar, P.S - Kalyanpur, District - East Champaran 4.
Vyas Paswan @ Mukesh Paswan @ Byash Paswan S/o Hiraman Paswan @ Nishu Paswan R/o Village - Siswa Kharar, P.S - Kalyanpur, District - East Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Kalyanpur P.S. Case No.375 of 2025 registered under Sections 80, 238 and 3(5) of Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').
3. As per FIR, petitioners along with other named co-accused person caused death of daughter of informant
2/4 due to non-fulfillment of demand of dowry as alleged for a cash of Rs. 5 Lakh.
4. It is submitted by learned counsel for petitioners that all petitioners are in-laws and they are living separately with deceased and her husband, namely, Nikesh Paswan. It is submitted that petitioners implicated with present occurrence only out of their relation with husband of the deceased. It is submitted that the cause of death also found "asphyxia" due to hanging, where during post-mortem no external injury was noticed upon the dead body of the deceased, suggesting sufficiently that deceased was not subjected to physical assault soon before the occurrence. It is submitted that with general and omnibus allegation that the petitioners were indulge in torturing the daughter of informant, petitioners were alleged in the present crime in question. While concluding argument, it is submitted that daughter of informant was a short-tempered lady and due to her temperamental issue she committed suicide, which appeared prima facie corroborating with post-mortem also. All petitioners claimed clean antecedent.
3/4
5. Arguing Further, it is submitted that similarly situated co-accused who are in-laws, namely, Nirmala Devi and Shaili Devi were granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 19834 of 2026 dated 29.04.2026 and Cr. Misc. No. of 20209 of 2026 dated 29.04.2026 respectively and, therefore, as a matter of judicial parity these petitioners, also deserve bail.
5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that the allegations of committing cruelty is available against these petitioners also as per FIR but fairly considered that similarly situated co-accused persons were granted anticipatory bail by learned co-ordinate Bench of this Court as submitted aforesaid.
6. In view of aforesaid factual submissions and by taking note of fact as petitioners are in-laws, who claimed to live separately with the deceased and her husband coupled with the fact that the similarly situated co-accused persons have already been granted anticipatory bail by one of learned Co-ordinate Bench of this Court, as mentioned
4/4 aforesaid, accordingly, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, 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 Judicial Magistrate- 1st class, Sadar, Motihari, in connection with Kalyanpur P.S. Case No.375 of 2025 subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Aniket/- U T