Patna High Court
Niwash Kumar @ Niwash Paswan @ Nivas PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail should be granted to the petitioner subject to a bond and conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Niwash Kumar, sought bail in a criminal case (Mahila PS Case No. 41 of 2025) where he was accused of offences under several sections of the Bihar Negotiable and Settlement Act and the Dowry Prohibition Act. The prosecution’s case was based on a complaint by his wife alleging domestic assault, dowry demands, and an alleged illicit relationship with his sister‑in‑law. The petitioner argued that the FIR was lodged 39 days after the alleged incident without a satisfactory explanation and that the allegations were false and omnibus. The court noted that the complainant had been served notice but did not appear, and that the petitioner was willing to keep his wife as his spouse. Considering the delay, lack of personal appearance by the complainant, and the petitioner’s bail in another case, the court granted bail on a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S., subject to verification of his criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the B.N.S. and Dowry Prohibition Act.
- Whether the delay of 39 days in lodging the FIR defeats the prosecution’s case for denial of bail.
- Whether the non‑appearance of the complainant after service of notice affects the bail decision.
Legislation cited
- Bihar Negotiable and Settlement Act — s. 115(2), 126(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- criminal procedure
- delay in FIR
- dowry prohibition
- domestic violence
- Section 482
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15693 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- MAHILA PS District- Jehanabad
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Niwash Kumar @ Niwash Paswan @ Nivas Paswan S/O Sharvan Paswan
R/O Village and P.O.- Chakdaulat, P.S- Islampur, District- Nalanda at
Biharsharif. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sweeti Kumari W/O Niwash Kumar @ Niwash Paswan @ Nivas Paswan
D/O Vijay Paswan, R/O Village- Khaskhori, P.O.- Allahganj, P.S-
Makhdumpur (O.P. Bishunganj), Distt.- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awnish Kumar, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Vide order dated 24.03.2026, notices were issued to the
opposite party no. 2. Vide office report dated 29.04.2026, it appears
that the father of the O.P. No. 2 has received the notice, which has
been submitted by the report of the process server. Considering the
same, vide order dated 06.05.2026 passed in this case, the matter was
directed to be listed under the heading ‘For Admission’ on
13.05.2026.
3. The petitioner apprehends his arrest in connection with
Jehanabad Mahila P.S. Case No. 41 of 2025, for allegedly having
committed offence under Sections 85, 126(2), 115(2), 352, 351(2),
3(5) of the BNS and under Section 3/4 of the Dowry Prohibition Act.
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4. As per the prosecution case which has been lodged on
the basis of the written report submitted by the opposite party no. 2
herein to the effect that her marriage was solemnized with the
petitioner herein as per the Hindu rites and rituals on 12.07.2024.
After marriage, she went to her in-laws house and started living
there. After some time, the behaviour of the in-laws as well as other
family members changed and they started assaulting and torturing her
and started demanding Rs. 50,000/- and a motorcycle from the
informant. The informant returned back to her parental home and
when she again went to her matrimonial home, she came to know
that her husband i.e. the petitioner is in illicit relationship with his
bhabhi and she saw the same. On protest made by the informant, on
17.05.2025, she was assaulted by the petitioner, her mother-in-law,
father-in-law, bhaisur and gotni and was ousted from her
matrimonial home.
5. Learned counsel appearing on behalf of the petitioner
submits that the petitioner is innocent and has not committed any
offence. Occurrence is of 17.05.2025 whereas the First Information
Report has been lodged on 25.06.2025 i.e. after a delay of 39 days
and no valid explanation has been given for lodging of the FIR after
such delay. The allegation levelled by the informant to the effect that
the petitioner has an illicit relationship with her sister-in-law, is
entirely false and further, general and omnibus allegations have been
levelled against the petitioner and other family members. It is further
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submitted that the petitioner is ready and willing to keep the
informant as his wife with full dignity and honour, however, the
informant is not ready to live with him. It is further submitted that the
petitioner is an accused in one another case bearing Islampur P.S.
Case No. 299 of 2024 in which he is on bail.
6. Per contra, the learned APP for the State opposes the
prayer for bail of the petitioner and submits that the petitioner is the
husband and he failed to perform his duty of keeping his wife with
full dignity and honour.
7. Having heard the learned counsel for the parties and
after going through the records, it appears that despite service of
notice upon her father, the opposite party no. 2 chooses not to appear
in the present proceeding. Further, the petitioner is the husband of the
informant and general and omnibus allegations have been levelled
against him and his family members. He is ready to keep the
informant as his wife, however, the informant did not appear in the
present proceeding, despite valid notice.
8. Considering the facts aforesaid, let the petitioner, above
named, in the event of his arrest or surrender within a period of six
weeks, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Sub-Divisional Judicial Magistrate,
Jehanabad in connection with Jehanabad Mahila P.S. Case No. 41 of
2025, subject to the conditions as laid down under Section 482(2) of
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the B.N.S.S., with a further condition that :-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found that
the petitioner has concealed his criminal antecedent, the court
concerned shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Ritesh Kumar, J)
priyanka/-
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