Created by Fuzzy Cloud

Patna High Court

Deepak Paswan @ Dipak PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.

Summary

The petitioners, Deepak Paswan and Bhulti Devi, father‑in‑law and mother‑in‑law of the complainant, sought anticipatory bail fearing arrest in a dowry harassment case filed under Section 85 of the B.N.S. The complainant, Babita Kumari, alleged that after her marriage she was demanded a dowry of Rs.1 lakh and, upon non‑payment, was tortured and evicted. The petitioners contended they have clean antecedents and were falsely implicated as a mechanical inclusion of family members in dowry disputes. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.

Issues considered

  • Whether the father‑in‑law and mother‑in‑law can be granted anticipatory bail in a case under Section 85 of the B.N.S.
  • Whether the allegations against the petitioners constitute a false or mechanical inclusion warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 85 B.N.S.
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.
  • false implication
  • family members liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37563 of 2026
                   Arising Out of PS. Case No.-202 Year-2024 Thana- COMPLAINT CASE - MANJHAUL
                                                    District- Begusarai
                 ======================================================
           1.     Deepak Paswan @ Dipak Paswan S/O Rambadan Paswan R/o Vill.- Malipur
                  Tola, P.S.- Gadhupra, District - Begusarai, Bihar
           2.    Bhulti Devi @ Bhulli Devi @ Bhuli Paswan W/o Deepak Paswan @ Dipak
                 Paswan R/o Vill.- Malipur Tola, P.S.- Gadhupra, District - Begusarai, Bihar
                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.     Babita Kumari W/O Abhishek Kumar, D/O Ranvir Paswan Resident of
                  VIllage- Malipur, P.S- Gadhpura, District- Begusarai, At present R/O Vill.-
                  Gosaimath, Ward no. 15, P.S.- Khodabanpur, Dist.- Begusarai.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :     Mr. Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under 85 of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that she was married to Abhishek Kumar on 11.05.2023

                   and after marriage, the accused persons including the petitioners

                   started demanding dowry of Rs.1 lakh and on account of non-

                   fulfillment of the demand, the informant was tortured and

                   ousted from the house.
Patna High Court CR. MISC. No.37563 of 2026(2) dt.22-06-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that

          petitioners, being the father-in-law and mother-in-law, have

          been falsely implicated in the instant case by the informant with

          an intent to coerce Abhishek Kumar into submission. It is

          further submitted that from perusal of the allegation as alleged

          in the FIR, it would manifest that allegation of demand of dowry

          and torture is general and omnibus in nature. It is next submitted

          that whenever any dispute arises in between the husband and the

          wife and the occurrence of the nature as alleged takes place, the

          entire family members are implicated in a mechanical manner

          with general and omnibus allegation. It is also submitted that

          husband of the complainant is also availing his remedy of

          anticipatory bail before the learned District Court.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where
           Patna High Court CR. MISC. No.37563 of 2026(2) dt.22-06-2026
                                                       3/3




                     the case is pending/Successor Court in connection with

                     Complaint (C.R.) Case No. 202 of 2024,                     subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.