Patna High Court

Lalit PaswanversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Lalit Paswan, applied for bail in a criminal case registered under Sections 304B/34 and 201 of the Indian Penal Code, alleging that he was falsely implicated in his wife's death. He claimed a clean antecedent and argued that the informant, the victim's sister, was not an eyewitness and that the dowry demand allegations were vague. The State opposed bail, highlighting that the marriage lasted two years, there was a dowry demand, the death occurred within seven years of marriage invoking a statutory presumption against the husband, and the victim's body was cremated without a post‑mortem, suggesting a cover‑up. The court examined these submissions and found the State's contentions persuasive. Consequently, the court rejected the bail application, ordering the petitioner to remain in custody pending trial.

Issues considered

Whether bail should be granted to the accused in a case involving alleged dowry death under Sections 304B, 34 and 201 of the IPC.
Whether the statutory presumption against the husband in dowry death cases and the absence of a post‑mortem justify denial of bail.

Legislation cited

Indian Penal Code — s. 201, 304B, 34

Subjects

bail
dowry death
IPC 304B
Section 34
Section 201
presumption
post‑mortem
cremation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90122 of 2025
                     Arising Out of PS. Case No.-20 Year-2023 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Lalit Paswan S/O Dasai Paswan R/O Vill- Sisauni, P.S- Harlakhi, Distt-
                 Madhubani.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 304(B)/34 and 201 of the

                   Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody since

                   24.01.2023 and being husband has been falsely implicated by the

                   informant, who is sister of the deceased. It is next submitted that

                   informant is not an eye-witness to the occurrence and the entire

                   allegation hinges around suspicion and even demand of dowry is

                   general and omnibus in nature.

                                4. Learned APP for the State vehemently opposes the

                   bail application and submits that from perusal of the allegations, as

                   alleged in the FIR, it would manifest that the marriage of the

                   petitioner with the victim was two years old and there is demand
               Patna High Court CR. MISC. No.90122 of 2025(2) dt.11-03-2026
                                                           2/2




                         of dowry and torture. It is next submitted that the death of the

                         victim took place within seven years of marriage, as such, the

                         presumption in law is also against the husband. It is further

                         submitted that the FIR specifically alleges that the dead body of

                         the victim was burnt, as such, the same was not sent for post

                         mortem. On query of the Court from the learned counsel for the

                         petitioner whether the body was sent for post mortem or not,

                         learned counsel for the petitioner fairly submits that body was not

                         sent for post mortem rather was cremated on which, the learned

                         APP submits that since the body has been cremated that amply

                         demonstrates that the husband and his family members were not

                         interested in sending the body for post mortem for ascertaining the

                         cause of death which further casts an aspersion on the conduct of

                         the petitioner.

                                      5. After hearing learned counsel for the parties, the

                         Court is not inclined to release the petitioner on bail, accordingly,

                         the prayer for grant of bail to the petitioner is hereby rejected in

                         connection with Harlakhi P.S. Case No.20 of 2023, pending in the

                         court of learned Sessions Judge, Madhubani.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T

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