Patna High CourtCR. MISC./25591/2025partly allowed disposal

Pancham Paswan v. The State Of Bihar

2025-05-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25591 of 2025 Arising Out of PS. Case No.-59 Year-2024 Thana- GHURNA District- Araria ====================================================== 1.

Pancham Paswan Son of Keval Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 2.

Suganand Paswan son of Keval Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 3.

Govind Paswan son of Keval Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 4.

Shovachand paswan Son of Keval Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 5.

Lalita Devi Wife of Pancham Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 6.

Vishal Kumar son of Pancham Paswan village- Pathraha, Ward no. 1 Maheshpatti, Ps- Ghurna, Dist- Araria 7.

Khushboo Kumari Wife of Shiv Shankar Paswan village- Sitapur, ward no. 10, Ps- Birpur, Dist- supaul 8.

Shiv Shankar Paswan son of Jai Narayan Paswan village- Sitapur, ward no. 10, Ps- Birpur, Dist- supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ghurna Police Station Case No. 59 of 2024, disclosing offences under Sections 103(1) and 61(2) of the BNS, 2023.

3. As per the FIR, the marriage of the informant's daughter was solemnized about two years ago with co-accused Priyam Kumar. On 03.11.2024, at about 3:00 am, the son-in-law of the informant informed her elder daughter that his sister has

Patna High Court CR. MISC. No.25591 of 2025(2) dt.07-05-2025 2/3 died. When the informant got the information, she reached at the matrimonial home of the deceased and found the family members absconding and his daughter was killed by pressing her neck.

4. Learned Counsel for the petitioners submits that petitioners have not committed any offence as alleged and they have falsely been implicated in this case on the basis of general and omnibus allegations. Petitioner no. 1 is the father-in-law and 5 is mother-in-law and petitioner no. 6 is brother-in-law. Petitioner nos. 2, 3 and 4 are uncle-in-law and petitioner nos. 7 and 8 are married Nanad/Nandosi of the deceased. The petitioner nos. 2, 3, 4, 7 and 8 are having no direct connection with the family affairs of the deceased. The husband is already in custody.

5. I have heard Learned counsel for the parties and have gone through the materials available on record including the impugned order. It appears from the impugned order that postmortem report shows that the deceased has died by asphyxia due to pressing of her neck. Petitioner nos. 1, 5 and 6 are closely related with the husband of the deceased. They are father-in-law, mother-in-law and brother-in-law, the post mortem report suggests the cause of death due to pressing of neck by hands/palms. Accordingly taking in view the nature of offence, I am not inclined

Patna High Court CR. MISC. No.25591 of 2025(2) dt.07-05-2025 3/3 to grant the privilege of anticipatory bail to petitioner nos. 1, 5 and 6. The prayer for bail of petitioner nos. 1, 5 and 6 is thus rejected.

6. In so far as petitioner nos. 2, 3, 4, 7 and 8 are concerned, they are uncle-in-law and married Nandosi of the deceased, I am inclined to grant the petitioner nos. 2, 3, 4, 7 and 8 privilege of anticipatory bail.

7. This application is, accordingly, allowed to the extent indicated above.

8. Let the petitioner nos. 2, 3, 4, 7, 8, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Ghurna Police Station Case No. 59 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T