Patna High Court
Santosh Paswan @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 103, 238, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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;
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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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