Patna High Court
Ramashray PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was refused, as the Court was not inclined to enlarge the petitioners on bail in the pending case.
Summary
The petitioners, Ramashray Paswan and Niranjan Kumar, were arrested in connection with a dowry‑related murder case (FIR dated 01‑07‑2025) and sought bail under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, killed the deceased daughter of the informant after a dowry demand was not met, and the post‑mortem indicated ante‑mortem injuries and death by asphyxia due to hanging. The petitioners contended they had clean antecedents and were implicated only because of familial relations to the victim, arguing that the FIR contained no specific allegation against them. The Additional Public Prosecutor opposed bail, emphasizing the medical evidence of assault and the seriousness of the offence. The Court, after considering the facts and the gravity of the allegations, declined to grant bail, refusing the petitioners’ prayer.
Issues considered
- Whether bail can be granted to the accused under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a dowry‑related murder case.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- murder
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79389 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Ramashray Paswan Son of Gulo Paswan Resident of village -Pansalla Police
Station- Chhaurahi District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79609 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Niranjan Kumar @ Babul Kumar son of Ramashray Paswan Resident of vill
-Pansalla PS -Chhaurahi District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 79389 of 2025)
For the Petitioner/s : Mr. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
(In CRIMINAL MISCELLANEOUS No. 79609 of 2025)
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail in connection with Chhaurahi
P.S. Case No. 70 of 2025, F.I.R. dated 01.07.2025 for the
offences punishable under Sections 80(2), 3(5) of the Bharatiya
Patna High Court CR. MISC. No.79389 of 2025(4) dt.29-01-2026
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Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioners along with other co-accused persons
killed his daughter due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. The petitioners have been made
accused merely on the basis that petitioner, namely, Ramashray
Paswan is father-in-law of the deceased and petitioner, namely,
Niranjan Kumar @ Babul Kumar is husband of the deceased
and from bare perusal of the FIR it appears that there is no
specific allegation of assault or overt act or demand of dowry
against them rather there is general and omnibus allegation
against all the accused persons including the petitioners. The
police after investigation submitted charge-sheet and the
petitioner, namely, Ramashray Paswan is in custody since
24.08.2025 and petitioner, namely, Niranjan Kumar @ Babul
Kumar is in custody since 28.08.2025.
5. The learned Additional Public Prosecutor had
vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of the post-mortem report of the
deceased it suggest that before committing the murder of the
Patna High Court CR. MISC. No.79389 of 2025(4) dt.29-01-2026
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deceased, the petitioners have assaulted her and ante-mortem
injuries were found on the body of the deceased and cause of
death was asphyxia due to hanging.
6. Considering the facts and circumstances of the case,
I am not inclined to enlarge the petitioner on bail in connection
with Chhaurahi P.S. Case No. 70 of 2025 pending in the Court
of Sub-Divisional Judicial magistrate(Manjhaul), Begusarai.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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