Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53601 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- HILSA District- Nalanda ====================================================== 1.
Jitendra Paswan S/o Umesh Paswan Resident Of Village- Mai, Ps- Hilsa, Dist- Nalanda 2.
Amrita Kumari W/o Jitendra Paswan Resident Of Village- Mai, Ps- Hilsa, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 80(2), 3(5) of the B.N.S.S., 2023 & Sections 3⁄4 of the D.P. Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Prem in July, 2024, further after marriage the husband along with his family members started torturing her for non-fulfillment of demand of dowry of a motorcycle, further on 30.01.2024 he received an information that his daughter has been admitted in Hilsa
Patna High Court CR. MISC. No.53601 of 2025(2) dt.19-08-2025 2/3 hospital, accordingly he reached the hospital, where he saw the dead body of his daughter and the dead body was sent for postmortem.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that petitioners are elder brother-in-law (Bhaisur) and sister-in-law (Gotni) of the deceased. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of demand of dowry and torture is general and omnibus in nature as nothing specific is alleged against the petitioners. It is also submitted that informant is not an eyewitness to the occurrence.
It is next submitted that had the petitioners been involved in the occurrence in that event the victim would not have been admitted in a government hospital, which amply demonstrates that petitioners never made any endeavour to dispose of the dead body with a view to conceal evidence rather the dead body was sent for postmortem for ascertaining the cause of death. It is next submitted that the deceased was a short tempered lady and she committed suicide when she had a fight with her husband.
Patna High Court CR. MISC. No.53601 of 2025(2) dt.19-08-2025 3/3 a mechanical manner with general and omnibus allegation.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners but then they are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that no specific allegation is alleged against the petitioners and the deceased was initially admitted in a government hospital where she died and the body was sent for postmortem.
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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Hilsa P.S. Case No.66/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T