Patna High Court
Sharban Paswan @ Sharwan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioners are entitled to regular bail subject to a bail bond of Rs 10,000 and two sureties each.
Summary
The petitioners, Sharban Paswan and his wife Deorani Devi, who are the mother‑in‑law and father‑in‑law of the deceased, applied for regular bail in a dowry‑death case (PS Case No. 263 of 2024) registered under Sections 80(2) and 3(5) of the B.N.S. The FIR alleges that the petitioners tortured the victim for dowry demands, leading to her death, but the petitioners contend they had no involvement in the couple’s daily affairs and that the death was a suicide. The petitioners also relied on the fact that the husband, Sanny Kumar, had earlier been granted regular bail by a co‑ordinate bench of the same court. The State opposed the bail application. The court, noting the lack of direct involvement and the precedent of bail to the husband, ordered the petitioners to furnish a bail bond of Rs 10,000 with two sureties each and released them on bail subject to cooperation with the trial. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether the mother‑in‑law and father‑in‑law can be granted regular bail in a dowry‑death case under Sections 80(2) and 3(5) of the B.N.S.
- Whether the prior grant of bail to the husband is determinative for the petitioners’ bail application.
Legislation cited
- B.N.S. — s. 3(5), 80(2)
Subjects
- dowry death
- regular bail
- Criminal Procedure Code
- Sections 80(2) and 3(5)
- mother‑in‑law
- father‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7391 of 2026
Arising Out of PS. Case No.-263 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
1. Sharban Paswan @ Sharwan Paswan S/O Late Bouku Paswan @ Bauku
Paswan Resident of Village- Kiranpur, P.S- Mednichowki, Dist- Lakhisarai
(Bihar).
2. Deorani Devi @ Devrani Devi W/O Sharban Paswan @ Sharwan Paswan
Resident of Village- Kiranpur, P.S- Mednichowki, Dist- Lakhisarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
Medni Chowki P.S. Case No. 263 of 2024 registered for the
offence under Sections 80(2), 3(5) of B.N.S
3. According to FIR, the accused persons including
the petitioners tortured the victim variously for non-fulfillment
of dowry demand and ultimately killed her.
4. The learned counsel for the petitioners has
submitted that the petitioners are the mother-in-law and father-
in-law, having no concern with day-to-day affairs of the couple.
He has further submitted that the deceased had committed
suicide and that the husband, Sanny Kumar, has been granted
Patna High Court CR. MISC. No.7391 of 2026(2) dt.17-02-2026
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bail by a co-ordinate Bench of this Court. The petitioners have
been in custody since 31.10.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. On the similar allegation, the husband of the
deceased, namely Sanny Kumar, has been granted regular bail
by a co-ordinate Bench of this Court. The petitioners are the
father-in-law and mother-in-law of the deceased, having no
concern with day-to-day affairs of the couple.
7. Considering the above-mentioned facts and
circumstances, let the petitioners above-named, are directed to
furnish bail bond and on doing so, the court below shall release
the petitioners on bail on furnishing bail bonds of Rs.10,000/-
each with two sureties of the like amount each to the satisfaction
of learned CJM, Lakhisarai/concerned Court in connection with
Medni Chowki P.S. Case No. 263 of 2024, subject to the
following conditions that the petitioners shall cooperate in
the disposal of trial and make themselves available as and
when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
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