Mankeshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44684 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- KANGLI District- West Champaran ====================================================== 1.
Mankeshwar Paswan, aged about 20 years, S/o- Ramayan Paswan VillageKathiya Mathiya (Mahto Tola), W.No-3, Ps- Kangali Dist- West Champaran 2.
Ram Naresh Paswan, aged about 21 years, S/o- Ramayan Paswan VillageKathiya Mathiya (Mahto Tola), W.No-3, Ps- Kangali Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners are in custody in a case registered for the offence punishable under Sections 80, 352, 351(2), 3(5) of the BNS.
3. As per the allegation in the FIR, the informant has alleged that the present petitioners along with other co-accused persons have killed her daughter by strangulating her neck with rope for demand of dowry.
4. Learned counsel for the petitioner submits that petitioners are innocent and have falsely been implicated in this case. He next submits that both the petitioners are brother of the
Patna High Court CR. MISC. No.44684 of 2025(3) dt.03-09-2025 2/3 husband of the deceased and they are separated in mess and property from the family of co-accused Manu Paswan (husband of the deceased). He further submits that Kiran Devi (deceased) has committed suicide by hanging herself. He further submits that there is no specific allegation against both the petitioners of committing any torture and cruelty for demand of dowry. He next submits that from perusal of the post-mortem report of the deceased the reason of death of the deceased is mentioned as Asphyxia as a result of hanging which shows that the informant's daughter had committed suicide. He further submits that Investigating Officer of this case has submitted the chargesheet against the petitioners and found the case to be true under Section 108/3(5) of the BNS. He next submits that petitioners are in custody since 14.02.2025 and have got clean antecedents as stated in para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for Regular bail of the petitioners.
6. On perusal of the First Information Report, case diary along with post-mortem report as well as impugned order date 03.06.2025, it appears that both the petitioners are brother of the husband of the deceased and cause of death of the deceased is due to Asphyxia as a result of hanging as mentioned
Patna High Court CR. MISC. No.44684 of 2025(3) dt.03-09-2025 3/3 in the post-mortem report and also the fact that there is no specific allegation of torture, cruelty for demand of dowry against the present petitioners. So, considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioners, let the above named petitioners be released on bail, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Kangli P.S. Case No.11 of 2025.
(Ramesh Chand Malviya, J) Harshita/- U T