Umesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51668 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- HILSA District- Nalanda ====================================================== Umesh Paswan S/o Late Ganauri Paswan R/o Village - Mai, P.S - Hilsa, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, A.P.P.
Mr. Anil Kumar Singh, Advocate Mr. Ashish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-08-2025 A supplementary affidavit has been filed by the learned counsel for the petitioner showing criminal antecedent of the petitioner and the same is taken on record.
2. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
3. In the present case, the petitioner seeks bail in connection with Hilsa P.S. Case No. 66 of 2025, registered for the offences under Sections 80(2) & 3(5) of the BNS and Section 3⁄4 of the Dowry Prohibition Act.
4. As per the prosecution case, the marriage of daughter of the informant was solemnized with the son of the petitioner in July, 2024. The allegation is that just after marriage, the petitioner and other co-accused persons started torturing the daughter of the
2/4 informant on account of their demand of a motorcycle. On 30.01.2025, the informant received information that his daughter was admitted in Hilsa, Hospital. The informant reached there and found her dead.
5. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is father-in-law of the deceased and he never demanded any dowry and never tortured her. The petitioner has been living separate from the deceased and her husband and was not having any connection with their daily activities. There is no specific allegation of any overt act against this petitioner and allegations against him are general and omnibus. Learned counsel further submits that true fact of the case is that the information regarding incident of hanging by daughter of the informant was given to her parental home by the co-accused husband and on the basis of that information, informant came to the hospital.
The husband of the victim and other in-laws of the deceased tried their best to save her life but unfortunately she died. Learned counsel further submits that the victim was a sentimental and short-tempered lady and in one such fit of whim she hanged herself and committed suicide.
3/4 husband and the in-laws of the deceased. When the husband of the deceased did not accept his demand, he lodged the FIR implicating the entire family of the petitioner in this case. Learned counsel further submits that there is no question of demand of any dowry and torture for non-fulfillment of demand and no independent witness has supported the allegation of the informant in this case. Learned counsel further submits that husband of the victim namely Prem Paswan is already in custody since 16.05.2025 and the petitioner is in custody since 01.02.2025 and charge sheet has been submitted. The petitioner is having antecedent of one case.
6. Learned A.P.P. appearing for the State and learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner is the father-in-law of the deceased and there is allegation against the petitioner and other co-accused persons of demanding a motorcycle as dowry and on nonfulfillment of the said demand, killing the daughter of the informant by hanging her.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioner is father-in-law of deceased and also considering general and vague nature of allegation against him and further considering his period of custody and submission of charge sheet,
4/4 the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge VI, Hilsa(Nalanda)/concerned court, in connection with Hilsa P.S. Case No. 66 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T