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Patna High Court

Sarita Devi @ Sarita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail as there is no direct allegation against them and they have a clean antecedent.

Summary

The petitioners – Sarita Devi, Shiv Kumar Paswan and Rajesh Paswan – were implicated in a murder case alleging they killed the informant’s niece over a Rs 50,000 dowry demand. They contended they were falsely implicated, asserting they are the deceased’s gotani, dewar and bhaisur and that the deceased had an illicit relationship with another man, supported by photographs in the case diary. The FIR and investigation material did not contain a direct allegation against them for the murder, and they have clean antecedents. The court examined the allegations, the lack of direct evidence, and the petitioners’ clean record, concluding that a prima facie case for bail exists. Accordingly, the court ordered that the petitioners be released on pre‑arrest bail upon surrender to the District Court with a bail bond of Rs 10,000 and two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the BNSS given the allegations under Sections 80, 238 and 3(5) of the BNS.
  • Whether the FIR and investigation material contain a direct allegation against the petitioners sufficient to deny bail.

Legislation cited

  • BNS — s. 238, 3(5), 80
  • BNSS — s. 482(2)

Subjects

  • pre‑arrest bail
  • dowry death
  • murder
  • clean antecedent
  • Section 482
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70238 of 2025
                      Arising Out of PS. Case No.-423 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
           1.     Sarita Devi @ Sarita Kumari, aged about 39 years, Female, wife of Shiv
                  Kumar Paswan
           2.    Shiv Kumar Paswan, Aged about 27 years, Male, son of Aklu Paswan
           3.    Rajesh Paswan, Aged about 33 years, Male, son of Aklu Paswan
                 All resident Of Village- Havibhaur, Police Station- Bahera, District-
                 Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Prabhat Kumar Singh, Advocate
                 For the Informant       :        Mr. Manoj Kumar Pandey, Advocate
                 For the State           :        Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   24-02-2026                      Heard Mr. Prabhat Kumar Singh, learned counsel

                   appearing on behalf of the petitioners; Mr. Manoj Kumar

                   Pandey, learned counsel appearing on behalf of the informant

                   and Mr. Ajit Kumar, learned APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Bahera P.S. Case No. 423 of 2024, registered for the

                   offence punishable under Sections 80, 238 and 3(5) of the BNS.

                                 3. As per the allegation made in the FIR, petitioners,

                   who are gotani, dewar and Bhaisur of the deceased respectively,

                   along with other accused persons, had allegedly killed the niece

                   of the informant due to non fulfillment of demand of dowry of
Patna High Court CR. MISC. No.70238 of 2025(3) dt.24-02-2026
                                            2/3




          rupees fifty thousand.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. Petitioners are

          gotani, dewar and Bhaisur of the deceased respectively. He

          further submitted that from perusal of the FIR, as well as, the

          material, which has surfaced in course of investigation, it

          appears that the deceased was having illicit relationship with

          another man, namely, Manish Kumar, which is supported by

          several photographs. Such information is contained in

          paragraphs no. 39 and 42 of the case diary. No material has been

          collected in course of investigation against the petitioners.

          Petitioners have clean antecedent. On these grounds, petitioners

          seek to be released on pre-arrest bail.

                       5. Learned counsel appearing on behalf of the

          informant and learned APP for the State have vehemently

          opposed the prayer for grant of pre-arrest bail.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the material, which has surfaced in course

          of investigation, I find that there is no direct allegation against

          the petitioners in the FIR that they are the one, who have
            Patna High Court CR. MISC. No.70238 of 2025(3) dt.24-02-2026
                                                        3/3




                      committed murder of the niece of the informant, rather, in

                      paragraphs no. 39 and 42 of the case diary, the story gives the

                      different angle. Petitioners have clean antecedent. I am of the

                      opinion that petitioners have, prima facie, made out a case to be

                      released on pre-arrest bail.

                                   7. The petitioners, above named, are directed to be

                      released on pre-arrest bail, in the event of their arrest or

                      surrender before the learned District Court within a period of

                      four weeks from today, on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned District Court

                      where the case is pending, in connection with Bahera P.S. Case

                      No. 423 of 2024, subject to the condition as laid down under

                      Section 482(2) of the BNSS.

                                   8. The learned District Court is directed to verify

                      the criminal antecedent of the petitioners as stated in

                      paragraph no. 3 of the bail application. If any other case is

                      pending against the petitioners as what has been stated in

                      paragraph no. 3, this order will lose its force automatically.


                                                      (Purnendu Singh, J)

Niraj/-
U       T


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