IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19329 of 2026 Arising Out of PS. Case No.-375 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== Nikesh Paswan Son of Hiraman Paswan, Resident of village - Siswa Kharar, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 6 13-08-2026 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. 2. The petitioner seeks anticipatory bail under Section 482 BNSS, apprehending his arrest, in connection with Kalyanpur P.S. Case No. 375 of 2025, dated 23.09.2025, registered for the offences punishable under Sections 80, 238 and 3(5) of BNS, 2023. Similar bail application filed by the petitioner under Section 482 of the BNSS has been rejected by the Court of Sessions vide order dated 16.01.2026 passed in A.B.P. No. 141 of 2026. 3. As per allegation, the petitioner-husband and his five other family members committed dowry death of one Soni Kumari who solemnized marriage with the petitioner in the year 2019. As per allegation, on account of non-fulfillment of Patna High Court CR. MISC. No.19329 of 2026(6) dt.13-08-2026 2/3 additional demand of Rs. 5 lacs, the petitioner and his other family members, who are co-accused, subjected her to cruelty and ultimately, they hanged her to death. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. She further submits that there was love marriage between the petitioner and the alleged victim and there was no demand of dowry and there was interference by the family members of the alleged victim in the family affairs of the petitioner and the alleged victim. She also submits that the victim was not hanged to death by the petitioner or his family members, but she has committed suicide by hanging. She also refers to postmortem report, which shows that the cause of death is “asphyxia due to hanging”. 5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case. 6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent. 7. However, learned APP for the State and learned counsel for the informant vehemently oppose the prayer of the Petitioner for bail submitting that the postmortem report shows Patna High Court CR. MISC. No.19329 of 2026(6) dt.13-08-2026 3/3 that the cause of death is asphyxia due to hanging and she might have been hanged by the petitioner and his family members. Moreover, even suicide within seven years of marriage comes under dowry death, because this is unnatural death and is covered under Section 304B IPC /80 BNS. 8. Considering the fact that petitioner is husband of the alleged victim and she has died unnatural death within seven years of her marriage on account of asphyxia due to hanging, I am not persuaded to enlarge the petitioner on anticipatory bail. 9. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected. ravishankar/- (Jitendra Kumar, J.) U T