Patna High Court

Deepak PaswanversusThe State of Bihar

Decided: 4 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner on condition of furnishing a bond and sureties.

Summary

The petitioner, Deepak Paswan, applied for regular bail in a case originally registered under Sections 103(1), 80, 61(2)/3(5) of the BNS but later charged under Sections 108 and 3(5) of the BNS for the alleged murder of his wife by throttling. The prosecution alleged cruelty, a dowry demand of Rs 1 lac, and an illicit relationship, contending the death was a dowry death. The petitioner argued that the marriage took place in 2012, making it ineligible for dowry‑death provisions, and that the post‑mortem indicated ante‑mortem hanging with no dowry‑related injuries. He also highlighted his clean antecedent and that he had been in custody since 7 Oct 2025. The State opposed bail, but the court, considering the facts, granted regular bail on the condition of a Rs 10,000 bond with two sureties.

Issues considered

Whether regular bail can be granted to the accused under Sections 108 and 3(5) of the BNS.
Whether the death qualifies as a dowry death under the applicable provisions.
Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

BNS — s. 103(1), 108, 3(5), 61(2), 80

Subjects

regular bail
dowry death
criminal procedure
Section 108 BNS
Section 3(5) BNS
ante‑mortem hanging
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17356 of 2026
                    Arising Out of PS. Case No.-415 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Deepak Paswan S/o Rajendra Paswan @ Rajesh Paswan Resident of Village-
                 Adalpur, P.S.- Rafiganj, District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   04-05-2026                  Heard learned counsel for the parties.

                                2 The petitioner seeks regular bail in a case originally

                   registered for the offence punishable under Sections 103 (1), 80,

                   61 (2)/3 (5) of the BNS but charge sheet has been submitted in

                   this case under Sections 108/3 (5) of the BNS and cognizance

                   has also been taken under Sections 108/3 (5) of the BNS.

                                3 The prosecution case, in short, is that the deceased

                   was married with the petitioner in the year, 2012. It is further

                   alleged that the petitioner along with other in-laws subjected her

                   to cruelty. The petitioner was having illicit relationship with the

                   wife of one Bhola Vishwakarma and the petitioner also

                   demanded Rs 1 lac as dowry.                  It is further alleged that on

                   23.09.2025, the deceased was killed by throttling.

                                4 Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.17356 of 2026(3) dt.04-05-2026
                                            2/3




          marriage was solemnized in the year, 2012 and, as such, it is not

          a case of dowry death. During the course of investigation, it has

          come that the petitioner was living at Delhi for his livelihood

          and on the date of occurrence, the deceased has made a call to

          the petitioner. After that, she closed the room and slept with the

          children. In the morning, she was found dead. Learned counsel

          for the petitioner has further submitted that from perusal of the

          post mortem report also, it would transpire that only legature

          mark was found on the person of the deceased and the doctor

          conducting autopsy has opined that cause of death is ante

          mortem hanging. It is further submitted that after investigation,

          police has submitted charge sheet under Section 108 of the

          BNSS. It is also submitted that the petitioner is in custody since

          07.10.2025 having clean antecedent.

                       5 Learned APP appearing for the State has

          vehemently opposed the prayer for bail.

                       6 Considering the aforesaid facts and circumstances

          of the case, this Court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned CJM, Aurangabad in Rafiganj PS Case
           Patna High Court CR. MISC. No.17356 of 2026(3) dt.04-05-2026
                                                       3/3




                     No 415 of 2025.


                                           (Ashok Kumar Pandey, J)
M.E.H./-

U      T

Continue reading with your account

Checking your session…