Patna High Court
Prince PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court held that, given the grave allegations of dowry demand and murder, bail could not be granted to the petitioner.
Summary
Prince Paswan, husband of a woman who died under suspicious circumstances, applied for regular bail in a case registered under sections 498A, 304B, 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleges that Paswan and co‑accused tortured the deceased to extract a dowry of Rs.2 lacs and ultimately caused her death by hanging. Paswan contends he was falsely implicated, claiming the death was a suicide over a trivial mobile‑phone dispute. The State opposed bail, emphasizing the serious nature of the dowry‑related allegations. After hearing both sides, the Court declined to grant bail, directing the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged dowry demand, torture, and dowry death.
- Whether the seriousness of the allegations under sections 498A, 304B, and the Dowry Prohibition Act justifies denial of bail.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 304B, 34, 498A
Subjects
- regular bail
- dowry death
- IPC 498A
- IPC 304B
- Dowry Prohibition Act
- criminal procedure
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67972 of 2025
Arising Out of PS. Case No.-643 Year-2023 Thana- BANKA District- Banka
======================================================
Prince Paswan, Son of Mahesh Paswan, Resident of village- Badi Dhaka,
Police Station - Banka, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
Ms. Ayushi Choudhary, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 17-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Banka P.S. Case no.643
of 2023, registered under sections 498A, 304B and 34 of the
Indian Penal Code and sections 3 and 4 of the Dowry
Prohibition Act, 1961.
3. As per the prosecution case, the daughter of the
informant was married to the petitioner about 3 years ago. It is
stated that the accused persons tortured and assaulted the
informant’s daughter for the demand of dowry by way of Rs.2
lacs and ultimately hanged the daughter of the informant to
death.
4. Learned counsel for the petitioner submits that the
petitioner, who happens to be the husband of the deceased, has
Patna High Court CR. MISC. No.67972 of 2025(5) dt.17-01-2026
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been falsely implicated in the case. This was the second
marriage of the deceased and she was a short tempered lady. It
was over a trivial dispute relating to mobile phone that she
committed suicide. The petitioner is in custody since 25.3.2025
and undertakes to cooperate in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations of demand of dowry
and torture against the petitioner who happens to be the husband
of the deceased, the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
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