Ajay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31545 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Ajay Paswan, S/o Bablu Paswan, R/o vill - Pakauli, P.s.- Bidupur, Distt.- Vaishali 2.
Vijay Paswan @ Vijay Kumar, S/o Bablu Paswan, R/o vill - Pakauli, P.S.- Bidupur, Distt.- Vaishali 3.
Bablu Paswan, S/o Khublal Paswan, R/o vill - Pakauli, P.S.- Bidupur, Distt.- Vaishali 4.
Rita Devi, W/o Bablu Paswan, R/o vill - Pakauli, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 238 of 2024, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
3. The marriage of the daughter of the informant was solemnized with one Vinay Paswan, however, soon after the marriage she was subjected to demand of dowry and on account
Patna High Court CR. MISC. No.31545 of 2025(2) dt.22-05-2025 2/3 of non-fulfillment of the same, she was done to death by the husband of the deceased alongwith all the family members named in the FIR. It is also alleged that the accused persons also surreptitiously disposed of the dead body.
4. Learned Advocate appearing on behalf of the petitioners submits that on the alleged date of occurrence on 08.05.2024 since the deceased was critically ill, she was taken to hospital, however, considering the seriousness, she was referred to PMCH/ AIIMS, but in the way she died. The petitioners before this Court are none else but the in-laws persons and the specific allegation has been levelled against the husband. Taking note of the aforesaid facts, other co-accused persons have been extended the privilege of anticipatory bail by a Bench of this Court vide Criminal Miscellaneous No. 63552 of 2024. The order is annexed as Annexure-4 to the bail petition. The petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court. All the more, the husband of the deceased is behind the bar.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that within two years of the marriage, the deceased was done to death, preceding with the demand of dowry and, as such,
Patna High Court CR. MISC. No.31545 of 2025(2) dt.22-05-2025 3/3 the dowry death cannot be ruled out.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are in-laws persons and the specific allegation has been levelled against the husband, coupled with the fact that the case of the petitioners is based on parity, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 238 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) supratim/- U T