Patna High Court
Deepak Paswan @ Dipak PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 482, 85
- Criminal Procedure Code — s. 438
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
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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/-
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