Patna High Court
Mitranjan @ ChitranjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no specific allegation against them and applying the principle of parity with the co‑accused.
Summary
The petitioners, Mitranjan and Ram Ashray Paswan, were arrested in connection with a dowry death case (Daniyawan P.S. Case No. 233 of 2024) under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that they were falsely implicated, being the brother‑in‑law and father‑in‑law of the deceased, and that no specific allegation was made against them. The prosecution alleged that the deceased was killed by her in‑laws for non‑payment of dowry, and the husband of the deceased was already in custody. The petitioners highlighted their clean record, the filing of the charge‑sheet, and the fact that a co‑accused had previously been granted bail on the principle of parity. After considering the lack of specific charges, the period of custody, and the precedent of bail to the co‑accused, the Court granted bail to both petitioners upon furnishing a bond of Rs. 15,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the dowry death charges
- Whether the absence of specific allegations against the petitioners warrants bail
- Whether parity with a co‑accused who was previously granted bail influences the decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- dowry death
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- parity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88807 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- DANIYAWAN District- Patna
======================================================
1. Mitranjan @ Chitranjan S/o Ram Ashray Paswan Resident of - Nadwan, P.S
- Daniyawan, District - Patna
2. Ram Ashray Paswan S/o Late Ram Saran Das Resident of - Nadwan, P.S -
Daniyawan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tilak Sao, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Daniyawan P.S. Case No. 233 of 2024 instituted for the offence
under Sections 103(1), 238 & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 27-08-2025. Petitioners
bear no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.88807 of 2025(2) dt.13-01-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. Petitioners are the brother-in-law and father-in-law
of the deceased, respectively. Husband of the deceased is
already in custody. There is no specific allegation attributed to
the petitioners, rather allegation is general and omnibus in
nature. Petitioners are even separate in mess and property from
the husband of the deceased. Charge sheet has already been
submitted in this case. Other co-accused has been granted bail
by this Court vide order dated 24-09-2025, passed in Cr. Misc.
No. 66723 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners, there being no
specific allegation against the petitioners and charge sheet being
submitted as also claim based on parity, this Court is inclined to
grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.88807 of 2025(2) dt.13-01-2026
3/3
below/concerned Court in connection with Daniyawan P.S. Case
No. 233 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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