Patna High Court
Kishor PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
Kishor Paswan was arrested in connection with a case alleging that he tortured his wife, leading to her suicide by hanging. He was charged under Sections 108, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner pleaded innocence, cited a clean antecedent, and argued that the deceased lived separately and the suicide occurred away from the matrimonial home. The State opposed bail. The court, noting the circumstances of the suicide and lack of direct evidence linking the petitioner to the act, allowed regular bail on a cash bond of Rs.10,000 with two sureties, subject to the condition of regular appearance in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of torture leading to his wife's suicide
- Whether the location of the suicide and the marital relationship affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 238, 3(5)
Subjects
- regular bail
- suicide
- domestic violence
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22029 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- KHAIRA District- Jamui
======================================================
Kishor Paswan S/o- Son of Late Sitaram Paswan Village- Bela Ps- Khaira
Dist- Jamui, A/P- Dhariya Joba Basti Near Kali Mandir,Basheriya Ps-
Kenduadih Dist- Dhanbad, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Khaira P.S. Case No. 462 of 2025 registered for the offence
under Section(s) 108, 238 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have tortured his wife due to which she committed suicide by
hanging herself.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.11.2025 and claims clean
antecedent. It is further submitted that from the perusal of the
Patna High Court CR. MISC. No.22029 of 2026(2) dt.08-04-2026
2/3
FIR, it will appear that the deceased was staying separately from
the petitioner in the Jamui District whereas the petitioner was
staying in Dhanbad and as the relationship between the
petitioner and his wife was not good, the deceased committed
suicide.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the fact that the deceased had committed suicide not at the
matrimonial house but at the village, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Khaira P.S. Case
No. 462 of 2025 subject to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.22029 of 2026(2) dt.08-04-2026
3/3
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…