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Patna High Court

Mantosh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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