Patna High Court
Mantosh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the serious nature of the dowry‑death allegations and the petitioner’s relationship as husband of the deceased, the court refused anticipatory bail.
Summary
The petitioner, Mantosh Paswan, applied for anticipatory bail in a dowry‑death case (PS 239 of 2019) where he is accused, along with others, of torturing and poisoning his wife for dowry demands under IPC sections 304B, 328 and 34. The petitioner pleaded innocence, claiming he never demanded dowry and that the deceased had committed suicide. The State opposed the bail, emphasizing the petitioner’s role as husband and the serious nature of the accusations. After hearing both sides, the court considered the gravity of the charges and the petitioner’s relationship to the victim. Consequently, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry‑death case under IPC sections 304B, 328 and 34.
- Whether the seriousness of the allegations and the petitioner’s position as husband justify denial of bail.
Legislation cited
- Indian Penal Code — s. 304B, 328, 34
Subjects
- anticipatory bail
- dowry death
- IPC 304B
- IPC 328
- IPC 34
- bail denial
- criminal procedure
- dowry harassment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.202 of 2026
Arising Out of PS. Case No.-239 Year-2019 Thana- BELAGANJ District- Gaya
======================================================
Mantosh Paswan Son of Tulsi Paswan Resident of Village - Lodipur, P.S.-
Belaganj, District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Belaganj P. S. Case
No. 239 of 2019 registered for the offences punishable under
Sections 304(B), 328, 34 of the Indian Penal Code.
3. It is a case of dowry death. As per prosecution case
marriage of the daughter of informant was solemnized with this
petitioner in the year 2016 and thereafter, it is alleged that all the
F.I.R. named accused persons, including this petitioner, tortured
and harassed the daughter of informant and subsequently, killed
her by administering poison, due to non-fulfillment of demand
of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is husband of the deceased and he never demanded any dowry
Patna High Court CR. MISC. No.202 of 2026(2) dt.10-02-2026
2/2
or harassed her. As a matter of fact, deceased herself committed
suicide as she didn’t want to live with the petitioner. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is husband of
the deceased and there is direct and specific accusation that this
petitioner along with other accused persons killed the deceased
by administering poison.
6. Considering the nature of accusation, materials
available on record and the fact that petitioner is husband of the
deceased, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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