Patna High Court – Orders
Nagendra Goshwami vs The State Of Bihar on 11 March, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85354 of 2024
Arising Out of PS. Case No.-402 Year-2024 Thana- MASHRAK District- Saran
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1. Nagendra Goshwami S/o Late Bharat Goshwami R/o vill - Khajuri, P.S. -
Mashrakh, Distt.- Saran at Chapra
2. Vivekanand Goshwami @ Bablu S/o Nagendra Goshwami R/o vill -
Khajuri, P.S. - Mashrakh, Distt.- Saran at Chapra
3. Ashok Goshwami @ Ashok Kumar S/o Satya Narayan Goshwami R/o vill -
Khajuri, P.S. - Mashrakh, Distt.- Saran at Chapra
4. Chandan Goshwami S/o Nagendra Goshwami R/o vill - Khajuri, P.S. -
Mashrakh, Distt.- Saran at Chapra
5. Pooza Devi W/o Vivekanand Goshwami R/o vill - Khajuri, P.S. - Mashrakh,
Distt.- Saran at Chapra
6. Manisha Devi @ Manisha Kumari W/o Chandan Goshwami R/o vill -
Khajuri, P.S. - Mashrakh, Distt.- Saran at Chapra
7. Kavita Devi W/o Ashok Goshwami R/o vill - Khajuri, P.S. - Mashrakh,
Distt.- Saran at Chapra
8. Bedami Devi W/o Nagendra Goshwami R/o vill - Khajuri, P.S. - Mashrakh,
Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, A.P.P.
Mr. Anjani Parashar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 11-03-2026
Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Sections 147, 148, 149, 304B,
498A and 34 of the Indian Penal Code.
3. Prosecution case, in brief, is that daughter of the
informant was married with co-accused Nilesh Kumar
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Goshwami on 05.06.2023. It is alleged that after one year of
marriage, all the accused persons named in the F.I.R., including
these petitioners, started demanding dowry and in the meantime,
daughter of informant got pregnant and thereafter, all the
accused persons started assaulting her as a result of which, on
07.04.2024, daughter of informant died due to abdominal pain.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and have falsely been implicated in this
case. Petitioners had no occasion to torture or assault the
deceased and always kept the deceased with full honour and
dignity. Allegation of assault is not corroborated in the post
mortem report as no external or internal injury was found on the
body of the deceased. As a matter of fact, the deceased died due
to complications in the advanced stage of pregnancy. As per
F.I.R., date of occurrence is said to be 05.04.2024 whereas the
complain case has been filed on 27.04.2024 and F.I.R. has been
lodged on 30.06.2024 after inordinate delay of 22 to 60 days
and there is no plausible explanation for the same. Prior to filing
of the present case, husband of deceased has already filed
Mashrakh U.D. P.S. Case No. 6 of 2024 on 08.04.2024 for the
same occurrence.
5. On the other hand, learned A.P.P. for the State and
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the informant have opposed the prayer for grant of anticipatory
bail to the petitioners and submitted that petitioners are in laws
of deceased who died unnatural death at her matrimonial house
within 7 years of marriage.
6. Considering the aforesaid facts and circumstances,
nature of accusation and the fact that the deceased died an
unnatural death at her matrimonial house within 7 years of the
marriage, the prayer for grant of anticipatory bail to these
petitioners is rejected.
(Prabhat Kumar Singh, J)
Shashi
U T