PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Uma Shankar Paswan @ Uma Paswan – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1808 of 2026
| Table of Content |
|---|
| 1. factual basis for the petitioners' involvement in the case. (Para 3) |
| 2. arguments regarding the petitioners' innocence and background. (Para 4 , 5) |
| 3. court's rationale for granting bail. (Para 6) |
For the Petitioner/s : Mr. Saurav Anand, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 19-01-2026 Heard Mr. Saurav Anand, learned counsel for the petitioners and Mr. Anuj Kumar Shrivastava, learned Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
18.08.2025 in connection with Sadar P.S. Case No. 269 of 2025, F.I.R. dated 18.08.2025 for the offences punishable under Sections 80, 3(5) of the B.N.S. and Section 3 /4 of Dowry Prohibition Act .
3. According to prosecution case, all the accused persons including these petitioners have murdered the daughter of the informant due to non-fulfillment demand of Rs. 5 Lakhs as dowry.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. Learned counsel further submits that from a bare perusal of the F.I.R., it appears that although the petitioners are named in the F.I.R. but there is no specific allegation of any assault, overt act or demand of dowry is attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners. Petitioners are father-in-law and mother-in-law of the deceased and the husband of the deceased is already in custody since 18.08.2025 and the petitioners have been made accused in the present case merely on the ground that the petitioners are father-in-law and mother-in-law of the deceased. He further submits that the police after investigation, submitted charge-sheet against the petitioners and the petitioners are in custody since 18.08.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that the petitioners carries one more criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioners are on bail in the pending matters.
6. Considering the aforesaid facts and circumstances of the case and the fact that there is no specific allegation of any assault or overt act attributed against the petitioners and the co- accused persons who happens to be son of the petitioners are in custody since 18.08.2025, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 269 of 2025, with the following conditions:
i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
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