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Patna High Court

Santosh Paswan @ Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that Mahendra Paswan may be released on bail, but Santosh Paswan and Rinku Devi cannot be granted anticipatory bail due to their indicated involvement.

Summary

The petitioners—Santosh Paswan (brother‑in‑law), Mahendra Paswan (father‑in‑law) and Rinku Devi (sister‑in‑law)—filed an anticipatory bail application fearing arrest in a case under Sections 103, 238 and 3(5) of the Bhartiya Nayay Sanhita, 2023 relating to the alleged suicide of a woman. The informant Kunti Devi lodged the FIR, alleging family pressure and a dispute over property inheritance. The court examined the supervision note of the Dy. SP, which indicated that Santosh Paswan and Rinku Devi had a role in the circumstances leading to the death, whereas Mahendra Paswan was not implicated. Accordingly, the court rejected anticipatory bail for petitioners 1 and 3 but granted bail to petitioner 2, Mahendra Paswan, subject to conditions under Section 438(2) of the Cr.P.C. The order stipulated bail bond, sureties, and compliance with various procedural and conduct requirements.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in view of the allegations in the FIR.
  • Whether the family members' alleged involvement, as indicated in the supervision note, justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bhartiya Nayay Sanhita
  • suicide
  • family dispute
  • bail conditions
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58348 of 2025
                     Arising Out of PS. Case No.-41 Year-2025 Thana- Rampur Chauram District- Arwal
                 ======================================================
           1.     Santosh Paswan @ Santosh Kumar S/o- Mahendra Paswan Resident of
                  village- Kudrashi, P.S.- Rampur Chouram, Dist- Arwal
           2.    Mahendra Paswan S/o- Late Balmiki Prasad Resident of village- Kudrashi,
                 P.S.- Rampur Chouram, Dist- Arwal
           3.    Rinku Devi @ Rinki Kumari W/o- Santosh Paswan Resident of village-
                 Kudrashi, P.S.- Rampur Chouram, Dist- Arwal

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Kunti Devi W/o- Vijay Paswan Village- Newana Ps- Karpi Dist- Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Piyush Kant Singh, Advocate
                 For the Opposite Party/s :        Mr.Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   19-03-2026                  Heard learned counsel for the petitioners and the State

                   as also the informant.

                                2. The petitioners are apprehending arrest in

                   connection with Rampur Chauram P.S. Case No. 41 of 2025

                   instituted under Sections 103, 238 and 3(5) of Bhartiya Nayay

                   Sanhita, 2023 lodged on 24.04.2025 by the informant, Kunti

                   Devi.

                                3. As per the prosecution story, the informant alleged

                   that the marriage took place in the year 2024 but the allegation

                   of torture is there, the lady wanted to talk to her daughter but

                   failed. Accordingly, the neighbour was called and having found
Patna High Court CR. MISC. No.58348 of 2025(4) dt.19-03-2026
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          something suspicious reached the place and saw her dead body.

          This led to the FIR.

                       4. Learned counsel for the petitioners submit that the

          petitoiner no.1 is the brother-in-law (Bhaisur), the petitioner

          no.2 is the father-in-law as also the petitioner no.3 is sister-in-

          law (Gotni). They are living separately and have no role to play

          in the matter. It was fight between the husband and wife which

          led the lady to commit suicide.

                       5. In this case, the coordinate bench had called for the

          case diary which is on record and the learned APP and learned

          counsel for the informant have taken this Court to the

          supervision note of the Sub-Divisional Police Officer (recorded

          in para-49 of the case diary) dated 30.06.2025 to show that it

          was the petitioner no.1, Santosh Paswan who was running the

          house. The deceased was a single child in the family and as

          such, they entered into the marriage believing that the property

          will be inherited by her but 10 days prior to the marriage, the

          parents of the deceased blessed with a male child and this led to

          the frustration of the petitioner, Santosh Paswan and the Rinku

          Devi (the petitioner no.3).

                       6. It is to be noted that for any amount that the lady

          needed, she had to go before the petitioner no.1, Santosh
Patna High Court CR. MISC. No.58348 of 2025(4) dt.19-03-2026
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          Paswan. On 21.04.2025, it was the first marriage anniversary of

          the couple, she wanted to celebrate it but as she did not get the

          support from both the brother-in-law and the sister-in-law, she

          committed suicide.

                       7. The Dy.S.P. has also recorded that the husband

          Kundan Paswan and the father-in-law have no role to play in the

          matter.

                       8. On the basis of the aforesaid supervision note of

          the Dy.S.P., learned counsel for the State and the informant

          jointly submit that certainly, the role of the petitioner no.1,

          Santosh Paswan and the petitioner no.3 Rinku Devi cannot be

          ignored.

                       9. Considering the aforesaid submissions of the

          parties as also what has transpired in the case diary, the

          anticipatory application of petitioner no.1, Santosh Paswan and

          petitioner no.3, Rinku Devi stands rejected.

                       10. So far as the petitioner no2, Mahendra Paswan is

          concerned, in view of the submissions put forward by the parties

          as recorded above, this Court is inclined to extend the privilege

          of bail to the petitioner no.2, Mahendra Paswan.

                       11. Let petitioner no.2, Mahendra Paswan be released

          on bail, in the event of arrest or surrender before the concerned
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          court within a period of four weeks from the receipt of this

          order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each in connection with

          Rampur Chauram P.S. Case No. 41 of 2025 to the satisfaction of

          learned A.C.J.M.-II, Arwal subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C. as also the other

          conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner no.2, Mahendra Paswan who

          shall    provide      official     document          (Aadhar   Card/Driving

          License/Voter ID/Pan Card etc.) to show his/her bona fide;

                       (ii) The petitioner no.2, Mahendra Paswan shall be

          appearing before the police station as and when required for

          cooperating in the investigation;

                       (iii) the petitioner no.2, Mahendra Paswan shall

          appear on each and every date before the Trial Court and failure

          to do so for two consecutive dates without plausible reason will

          entail cancellation of their bail bond by the Trial Court itself;

                       (iv)    the petitioner no.2, Mahendra Paswan shall in

          no way try to induce or promise or threat the witnesses or

          tamper with the evidences, failing which the State shall be at

          liberty to take steps for cancellation of the bail bonds;
             Patna High Court CR. MISC. No.58348 of 2025(4) dt.19-03-2026
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                                    (v) the petitioner no.2, Mahendra Paswan shall desist

                       from committing any criminal offence again, failing which the

                       State shall be at liberty to take steps for cancellation of their bail

                       bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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