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Patna High Court

Suresh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, subject to conditions, finding that mere suspicion does not justify denial of bail.

Summary

The petitioner, Suresh Paswan, sought anticipatory bail fearing arrest in a dowry‑death case (Mahishi P.S. Case No. 256 of 2025) where he was implicated as the father‑in‑law of the deceased. The prosecution alleged that the petitioner and others demanded a dowry of Rs.5,00,000 and were involved in the victim's murder by hanging. The petitioner contended that he was falsely implicated, had no involvement in the family dispute, lived separately, and possessed a clean antecedent. The State opposed bail, arguing that the petitioner bore responsibility for the death. The High Court, noting that the petitioner’s name was recorded only on suspicion, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, subject to stringent conditions, and clarified that the order’s observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner when the allegations are based solely on suspicion.
  • Whether the petitioner, as father‑in‑law, can be exempted from arrest in a dowry‑death case under Sections 438 CrPC and 482 B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • father-in-law liability
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23100 of 2026
                       Arising Out of PS. Case No.-256 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Suresh Paswan, Son of Late Nageshwar Paswan R/O Village- Pastpar
                 (Pastwar), Ward No.- 01, P.S.- Mahishi, District- Sahrsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State through virtual mode.

                                2. Petitioner apprehends his arrest in connection with

                   Mahishi P.S. Case No. 256 of 2025 registered for the offences

                   under Sections 80, 85, 238, 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case is to the effect that the

                   informant has alleged that his sister was married to one Vikesh

                   Paswan, son of Suresh Paswan (petitioner). It has been alleged

                   that all the named accused persons, including the petitioner, had

                   been demanding a dowry of Rs.5,00,000/- and were torturing

                   the sister of the informant. It has been submitted that the

                   informant received an information that his sister has been killed

                   by the named accused persons by hanging. It is alleged that
Patna High Court CR. MISC. No.23100 of 2026(3) dt.21-05-2026
                                            2/4




          when the informant reached there, the petitioner and others were

          about to dispose of the body, however, the police was called and

          the FIR was registered.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in this case merely

          because he happens to be the father-in-law of the deceased. It

          has further been stated that the petitioner was living separately

          and had no concern with the internal family matters of his son

          and daughter-in-law. It has next been submitted that the son of

          the petitioner had solemnized a second marriage with the

          deceased, who had left her first husband and had three children

          from her first marriage and that was the sole reason and dispute

          between the husband and the wife and the petitioner had no say

          in the same. It has also been submitted that the allegations

          against the petitioner are based on mere suspicion. It has lastly

          been submitted that the petitioner has clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail and has stated that the petitioner,

          being the father-in-law, should not be granted liberty of

          anticipatory bail, as he was also responsible for the death of his

          daughter-in-law in his house.

                       6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.23100 of 2026(3) dt.21-05-2026
                                            3/4




          and taking into account that the name of the petitioner has been

          taken only on mere suspicion, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, 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 Mahishi P.S. Case

          No. 256 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioner and in case at any stage it is
                          found that the petitioner has concealed his criminal
                          antecedent, the court below shall take step for
           Patna High Court CR. MISC. No.23100 of 2026(3) dt.21-05-2026
                                                       4/4




                                     cancellation of bail bond of the petitioner. However, the
                                     acceptance of bail bonds in terms of the above-
                                     mentioned order shall not be delayed for purpose of or
                                     in the name of verification.
                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.

                                  8. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
manoj/ayushkr-

U      T


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