Patna High Court
Nitish Kumar Paswan @ Nitish Kumar @ Nitish PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The bail petition is rejected; the petitioner is not entitled to bail.
Summary
Nitish Kumar Paswan was charged with the murder of his wife, the informant's daughter, allegedly by strangulation over a dowry demand. He applied for bail under Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, arguing that he was implicated merely because he was the husband and that the death might have been a suicide with a delayed FIR. The State opposed, contending that the petitioner is the principal accused and that the post‑mortem confirms strangulation. The court, noting the petitioner’s marital relationship to the deceased, the nature of the evidence, and the seriousness of the offence, refused bail and ordered the trial court to expedite the trial. The bail petition was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita in a dowry‑related murder case.
- Whether the petitioner, as the husband of the deceased, can be considered the main accused despite claims of suicide and delayed FIR.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 61(2), 80(2)
Subjects
- bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- husband-wife relationship
- strangulation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55534 of 2025
Arising Out of PS. Case No.-537 Year-2024 Thana- SAUR BAZAR District- Saharsa
======================================================
Nitish Kumar Paswan @ Nitish Kumar @ Nitish Paswan S/o Ram Pravesh
Paswan Resident of village- Bhagwanpur, ward no 02, P.S.- Sour Bazar,
District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rashmi Jha
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 80(2), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner in
association of other co-accused is said to have killed the
daughter of the informant by strangulating her on non-
fulfillment of demand of dowry.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been made accused only on
account of the fact that he is the husband of the deceased and no
specific allegations have been levelled against him. Further, the
Patna High Court CR. MISC. No.55534 of 2025(7) dt.17-02-2026
2/2
deceased has herself committed suicide and the F.I.R. was
lodged after delay of 16 hours with due thought and
deliberation. It is further submitted that no substantial progress
has been made in this case. The petitioner has no criminal
antecedent and has been languishing in custody since
10.11.2024.
5. Learned APP for the State vehemently opposed
the bail petition on the ground that the petitioner is the husband
of the deceased and the main accused of the case.
6. Taking into consideration the facts and
circumstances of the case and considering the fact that petitioner
is the husband of the deceased, who is primarily responsible for
welfare of the deceased and the postmortem report indicates
unnatural death due to strangulation, I am not inclined to enlarge
the petitioner on bail. The prayer for bail is hereby rejected.
However, the learned Trial Court is directed to expedite the trial.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.