Arvind Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71494 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Arvind Kumar Paswan S/o Ramsharan Paswan R/o Village- Saratha, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Dhaka P.S. Case No. 145 of 2025 instituted for the offence under Sections 80, 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that daughter of the informant has been done to death at her matrimonial house by her in-laws due to non-fulfillment of the demand of dowry. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.03.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.71494 of 2025(3) dt.17-11-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Learned counsel for the petitioner submits that as a matter of fact victim was not happy with the matrimonial relationship and she committed suicide. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. As per inquest report, cause of death is due to pressing neck. Other witnesses have also supported the prosecution case. As per postmortem report, cause of death is asphyxia due to hanging. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no cogent material against the petitioner even in the case dairy, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 145 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.71494 of 2025(3) dt.17-11-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T