Lalbabu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43582 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== 1.
Lalbabu Paswan, aged about 50 years, male, S/O Late Mohit Paswan Resident Of Village- Kamtauliya, PS- Vaishali, Dist- Vaishali 2.
Jaimala Devi, aged about 46 years, Female, W/O Lalbabu Paswan Resident Of Village- Kamtauliya, PS- Vaishali, Dist- Vaishali 3.
Rajesh Paswan @ Rajesh Kumar aged about 21 years, male, S/O Lalbabu Paswan Resident Of Village- Kamtauliya, PS- Vaishali, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivjee Singh, Advocate For the Opposite Party/s :
Mr.Braj Kishore Prasad, APP For the informant :
Ms. Bela Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioners, learned counsel for the informant, and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Vaishali P.S. Case No. 142 of 2025, dated 19.03.2025, registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the daughter of the informant was married with co-accused Raja Paswan in accordance with Hindu rites and customs. At the time of marriage, the informant allegedly gave a motorcycle, Rs.
Patna High Court CR. MISC. No.43582 of 2025(3) dt.16-10-2025 2/3 2,00,000/- in cash, jewellery and various household articles as dowry. It is further alleged that subsequently, the petitioners demanded Rs. 2,00,000/- more as a dowry. When the informant refused to fulfill their demand due to poverty, the accused persons assaulted the victim brutally and killed her.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law and petitioner no.3 is the brother-in-law (Devar) of the deceased. Learned counsel further submits that the husband of the deceased, Raja Paswan, was residing in Ludhiana for earning his livelihood at the relevant time. It is next submitted that the deceased became pregnant in his absence, which caused embarrassment in the family. In this regard, a panchayati was convened regarding the matter and due to mental distress, the deceased committed suicide by hanging. It is also submitted that the petitioners have no criminal antecedents.
5. On the other hand, learned counsel for the informant and the learned Additional Public Prosecutor for the State vehemently opposed the anticipatory bail application. They submit that several witnesses have supported the
Patna High Court CR. MISC. No.43582 of 2025(3) dt.16-10-2025 3/3 prosecution case. Further, it is submitted that the postmortem report reveals several injuries, including the presence of cannula in the right hand, bleeding and frothing from the nose, diffuse swelling over the left parietal region of the head, fracture of the left parietal bone and contusion of the underlying brain and meninges reflective the violent conduct of the petitioners.
6. Having considered the submissions of the learned counsels for the parties, the seriousness of the allegations, the nature of injuries as per the postmortem report as also the fact that several witnesses have supported the case, this Court is of the considered opinion that this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application for anticipatory bail stands rejected.
(Khatim Reza, J) shyambihari/- U