Patna High Court
Dasai PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner subject to bond, sureties, and statutory conditions.
Summary
Dasai Paswan was charged under several provisions of the Bharatiya Nagarik Suraksha Sanhita and under Section 498A of the Indian Penal Code for alleged dowry harassment and torture of his wife, Sarita Devi. The petitioner denied the allegations and submitted an undertaking to keep his wife with respect, also filing a restitution of conjugal rights suit under Section 9 of the Hindu Marriage Act. The opposite party did not appear despite being served notice. The petitioner applied for anticipatory bail, arguing that the allegations were unfounded and that he was willing to comply with court conditions. The court, after considering the petitioner's undertaking and the nature of the allegations, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 BNSS in view of the allegations under BNSS and IPC 498A.
- Whether the petitioner's undertaking to keep his wife with respect and the filing of a matrimonial suit affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 82(1), 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- Hindu Marriage Act
- bail conditions
- matrimonial rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58574 of 2025
Arising Out of PS. Case No.-101 Year-2024 Thana- MAHILA P.S. District- Bhojpur
======================================================
Dasai Paswan S/o Sudama Paswan Resident of village - Bhatwalia, P.S.-
Industrial Area, Dist.- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Devi W/o- Deepak Paswan Vill- Doghra PS Bihiya Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Despite valid service of notice and ordinary
notice having been personally received by the opposite party
no.2, the opposite party no.2 has chosen not to appear.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 351(2),
352, 115(2), 126(2), 85, 82(1) and 3(5) of the B.N.S.
3. The case is under Section 498A of the I.P.C. with
the allegation of subjecting opposite party no.2 to torture on
account of non-fulfillment of dowry demand.
4. The learned counsel for the petitioner submits that
the petitioner denies the allegations made in the First
Information Report as also of his contracting any second
marriage rather he has made a specific statement in paragraph-
11 that he is ready to keep his wife with due respect and dignity
Patna High Court CR. MISC. No.58574 of 2025(3) dt.21-01-2026
2/2
and has also given an undertaking to such effect by Annexure-
P/2. Furthermore, a matrimonial case for restitution of conjugal
rights under Section 9 of the Hindu Marriage Act has also been
filed by him.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that petitioner, who is
husband, is agreeable on keeping his wife along with him with
due respect and dignity, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Mahila P.S. Case No. 101 of 2024,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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