Narayan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40191 of 2025 Arising Out of PS. Case No.-153 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.
Narayan Paswan S/O Raghunandan Paswan R/O Village- Baruar, PostDhanchhiha Baruar, P.S.- Andhramath, District- Madhubani. 2.
Dukhani Devi @ Umda Devi W/O Narayan Paswan R/O Village- Baruar, Post- Dhanchhiha Baruar, P.S.- Andhramath, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Kumar For the Opposite Party/s :
Mr.Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Sukhal Paswan about eight years back. Further, for the last six months, his daughter was being assaulted and tortured. Further, on 19.09.2023, he got an information that his daughter was sick. Accordingly, he reached the matrimonial home of his daughter
2/4 where he did not find any family members present, thereafter he came to know that his daughter was murdered and accused were trying to dispose of her dead body near a canal. Accordingly, he reached near the canal when the accused persons fled away. Thus, based on suspicion alleges that the named accused persons killed his daughter by poisoning.
4. The learned counsel for the petitioners submits that petitioners, being father in-law and mother in-law, came to be implicated by the informant based on suspicion. It is next submitted that informant is not an eye witness to the occurrence. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that husband of the deceased is not an accused. It is next submitted that husband of the deceased was working outside Bihar for earning his livelihood and the deceased was staying in her matrimonial home alone. It is also submitted that since husband of the deceased was working outside Bihar, as such, she developed an illicit relationship with her brother in-law (Nandosi, Ram Kumar). It is next submitted that during the course of investigation also, it transpired that deceased was in an illicit relationship with her Nandosi and a day prior to the date of occurrence, the deceased and her Nandosi met and the deceased was angry for the reason that he
3/4 is not taking her along with himself to his house. It is further submitted that during the course of investigation, it also transpired that the deceased called her Nandosi on video call and thereafter, consumed poison. It is asserted and submitted that petitioners reside separately. It is further submitted that it was the Nandosi of the deceased, who on coming to know that she has consumed poison, slyly tried to dispose of her dead body and fled from the place of occurrence when informant and others reached. It is submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application, but then, fairly submits based on case diary that during course of investigation, it transpired that deceased was having an illicit relationship with her brother inlaw and prior to consuming poison had made a video call to him.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.
4/4 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jhanjharpur, Madhubani in connection with Andhramath P. S. Case No.153 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T