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Patna High Court

Deepak Paswan @ Deepak Kumar PaswanversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted pre‑arrest bail to petitioner No.1 but denied bail to petitioner No.2, subject to verification of petitioner No.1's criminal antecedents.

Summary

The petitioners, Deepak Paswan and his wife Manju Devi, applied for pre‑arrest bail in a case (Jandaha P.S. Case No. 278/2025) alleging murder of an informant's daughter over dowry demands under Sections 80, 238 and 3(5) of the BNS. The petitioner‑1, the father‑in‑law of the deceased, claimed innocence and a clean antecedent, while the State opposed bail. The court, after hearing both sides, found that petitioner‑1 had made out a case for pre‑arrest bail and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to verification of his criminal antecedents. The court declined to grant pre‑arrest bail to petitioner‑2, the mother‑in‑law, noting her greater influence in the family and lack of action after the disappearance. The bail application was disposed of, with the bail order for petitioner‑1 to lapse if adverse antecedents are discovered.

Issues considered

  • Whether petitioner No.1 is entitled to pre‑arrest bail under Section 438(2) Cr.P.C. / 482(2) BNSS in view of the allegations.
  • Whether petitioner No.2 should be granted pre‑arrest bail under the same provisions.
  • Whether verification of criminal antecedents can affect the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • dowry death
  • Section 80 BNS
  • Section 238 BNS
  • Section 3(5) BNS
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.400 of 2026
                      Arising Out of PS. Case No.-278 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
           1.     Deepak Paswan @ Deepak Kumar Paswan S/o Kosta Paswan R/O Village-
                  Sakrauli, P.S- Mahisaur, Distt.- Vaishali.
           2.    Manju Devi @ Sanju Devi W/O Deepak Paswan @ Deepak Kumar Paswan
                 R/O Village- Sakrauli, P.S- Mahisaur, Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar, Advocate.
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   19-03-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Jandaha P.S. Case No. 278 of 2025 registered for the

                   offence punishable under Sections 80, 238 and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the

                   petitioners along with other co-accused are said to have

                   murdered the daughter of the informant for non-fulfillment of

                   demand of dowry.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are innocent and they

                   have falsely been implicated in the case. The petitioners are
Patna High Court CR. MISC. No.400 of 2026(3) dt.19-03-2026
                                            2/3




          father-in-law and mother-in-law of the deceased and they are

          living separately and they have no concern with the affairs of

          their son and the daughter-in-law (deceased). They have clean

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., I find that the petitioner no.1, who is the father-in-law

          of the deceased, has made out a case to be released on pre-arrest

          bail.

                       7. The petitioner no.1 is directed to be released on

          pre-arrest bail, in the event of his arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional Sessions Judge-IV, Vaishali at Hajipur in connection

          with Jandaha P.S. Case No. 278/2025, subject to the condition as

          laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

                       8. So far as petitioner no.2 is concerned, she being the

          mother-in-law has more influence in the family and has not

          taken any action once she found that her daughter-in-law was
           Patna High Court CR. MISC. No.400 of 2026(3) dt.19-03-2026
                                                       3/3




                     missing leading to recovery of dead body in jungle, I am not

                     inclined to enlarger the petitioner no.2 on pre-arrest bail.

                                   9. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner no.1 and if it is found that

                     the petitioner no.1 is involved in some other cases as what has

                     been stated in Para-3 of the bail petition, this order will

                     automatically lose its force.

                                  10. The bail application stands disposed of.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T


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