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Patna High Court

Nitish Kumar Paswan @ Nitish Kumar @ Nitish PaswanversusThe State of Bihar

Decided
Disposal
REJECTED

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

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


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