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Patna High Court

Prem PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the statutory presumption against the husband in dowry‑death cases, coupled with the seriousness of the allegations, precludes the grant of bail.

Summary

The petitioner, Prem Paswan, applied for bail in a case registered under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Dowry Prohibition Act, 1961, alleging that he was falsely implicated in the death of his wife, who died within seven years of marriage. The petitioner argued that the informant was not an eye‑witness, that the FIR was lodged after the post‑mortem and cremation, and that there was no evidence of a dowry demand or concealment of the body. The State contended that the death, reportedly due to asphyxia from antemortem hanging, fell within the statutory presumption against the husband in dowry‑death cases, and that the husband could have created conditions leading to suicide. The Court examined the statutory presumption, the nature of the evidence, and the timing of the FIR, and concluded that the presumption and the seriousness of the allegations outweighed the petitioner's claims. Consequently, the bail application was rejected.

Issues considered

  • What is the applicability of the statutory presumption against the husband in dowry‑death cases under the Dowry Prohibition Act?
  • Whether the petitioner is entitled to bail given the nature of the allegations and the evidence presented?

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption of guilt
  • criminal procedure
  • homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2114 of 2026
                         Arising Out of PS. Case No.-66 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Prem Paswan Son of Umesh Paswan Resident of Village Mai, P.S.- Hilsa,
                 District - Nalanda.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vibhuti Ranjan Sonvadra
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Hilsa

                   P.S. Case No. 66 of 2025, registered for the offences punishable

                   under Sections 80(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023

                   and sections ¾ of Dowry Prohibition Act, 1961.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 16.05.2025. It is next submitted that the informant alleges

                   that his daughter was married to the petitioner in July, 2024,

                   after marriage, the petitioner and other co-accused persons

                   started torturing his daughter for non-fulfillment of the demand

                   of dowry of a motorcycle, further, on 30.01.2025, the informant

                   received an information that his daughter was admitted at Hilsa

                   Hospital, accordingly, he reached the hospital but found her

                   dead.
Patna High Court CR. MISC. No.2114 of 2026(2) dt.21-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner being husband has been falsely implicated in the

          instant case by the informant. It is next submitted that from

          perusal of the allegation as alleged in the F.I.R., it would

          manifest that allegation of demand of dowry and torture is

          general and omnibus in nature. It is also submitted that no doubt

          the death of the daughter of the informant took place within

          seven years of marriage and in law presumption is against the

          husband and his family members but then all deaths are not

          dowry deaths. It is also submitted that informant is not an eye-

          witness to the occurrence and from perusal of the allegation as

          alleged in the F.I.R., it would manifest that informant was

          informed that his daughter was admitted at Hilsa Hospital where

          he came and found her dead. It is also submitted that had the

          petitioner and his family members been involved in the

          occurrence, in that event, efforts would have been made to

          dispose off the dead body with a view to conceal evidence but

          then the victim was taken to hospital where she died and

          thereafter postmortem was conducted for ascertaining the cause

          of death. It is also submitted that the FIR came to be instituted

          by the informant after the postmortem was done and body

          cremated. It is thus submitted that till cremation of the body the
           Patna High Court CR. MISC. No.2114 of 2026(2) dt.21-04-2026
                                                       3/3




                     informant had no grievance with the petitioner and his family

                     members, as such it appears that by way of after thought the

                     instant FIR came to be instituted.

                                  5. Learned A.P.P. for the State vehemently opposes the

                     bail application of the petitioner and submits that what is not in

                     dispute rather stands admitted is that victim died within seven

                     years of marriage and presumption in law is against the husband

                     and his family members. It is also submitted that the cause of

                     death has been opined to be asphyxia on account of antemortem

                     hanging. It is thus submitted that it might be a possibility that

                     the victim committed suicide but then who was responsible for

                     the same. It is submitted that petitioner being husband of the

                     deceased was responsible for well being of his wife but then it

                     appears that he created condition conducive for the victim to

                     take the extreme step of ending her life.

                                  6. Considering the submissions made on behalf of the

                     learned APP, the Court is not inclined to release the petitioner on

                     bail.

                                  7. The bail application of the petitioner is rejected.



                                               (Satyavrat Verma, J)
amit/-
U      T


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