Brij Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63095 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- MANPUR District- Nalanda ====================================================== Brij Paswan S/O Kaleshwar Paswan R/O Village- Tetrawan, P.S- Manpur, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Manpur P.S. Case No. 03 of 2025 dated 04.01.2025, registered for the offence punishable under Sections 80, 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the marriage of the deceased was solemnized two years ago with one Vishal Paswan @ Vishal Kumar as per Hindu rites and customs. At the time of marriage, the husband of the deceased was addicted to liquor and in the state of intoxication he used to assault his wife. The informant has alleged that his brother-in-law often used to demand money and on failure to pay the same, he used to beat his wife Rinky Kumari (deceased). The informant stated that
Patna High Court CR. MISC. No.63095 of 2025(2) dt.10-09-2025 2/3 two days before the alleged incident, his sister called him on phone to inform that her husband was assaulting her for money. On the date alleged occurrence, the mother-in-law of the deceased called up the informant to inform that his sister had left home and her whereabouts were not known. The informant was informed by the co-villagers that his sister has been killed/murdered last night and had already been cremated by her in-laws.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is the maternal uncle of the husband of the deceased. It is submitted that there is no allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. It is submitted that the petitioner has been made accused only because he is relative of the husband of the deceased. It is further submitted that the husband of the deceased is already in jail. It is also submitted that father-in-law, namely, Sudhir Paswan has already been granted bail. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.63095 of 2025(2) dt.10-09-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Manpur P.S. Case No. 03 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Nalanda at Biharsharif, subject to condition as laid down under Section 482(2) of B.N.S.S.. (Khatim Reza, J) prabhat/- U T