Pawan Giri @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2996 of 2026 Arising Out of PS. Case No.-1 Year-2024 Thana- JAINTPUR District- Muzaffarpur ====================================================== Pawan Giri @ Pawan Kumar S/o- Naresh Giri Village- Repura Rampur Vishwanath PS- Jaitpur District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jaitpur P.S. Case No. 01 of 2024 registered for the offences punishable under Sections 304(B) and 34 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 07.05.2024 and the informant alleges that his sister was married to petitioner about three years back and after marriage, the accused persons were torturing her for non-fulfillment of dowry demand of Rs. 50,000/- and a motorcycle, thus, the accused strangulated her to death and father-in-law of the deceased called and informed that victim has died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.2996 of 2026(2) dt.21-04-2026 2/3 petitioner, being husband, has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that informant is not an eye witness to the occurrence, as such, the entire allegation hinges around suspicion and as far as allegation of demand of dowry and torture is alleged, the same is general and omnibus in nature. It is also submitted that it was father of the petitioner who called the informant informing about the death of his daughter. It is next submitted that had the petitioner and his family members been involved in killing the deceased in that event efforts would have been made to dispose of the dead body with a view to conceal evidence and not to inform the informant. It is also submitted that the dead body was sent for postmortem for ascertaining the cause of death and the postmortem report recorded the cause of death as asphyxia due to hanging, it is thus submitted that victim committed suicide.

5. Learned A.P.P. for the State opposes the bail application and submits that the victim died within seven years of marriage, as such, presumption in law is also against the petitioner and his family members. It is next submitted that allegation of demand of dowry and torture is alleged. It is also

Patna High Court CR. MISC. No.2996 of 2026(2) dt.21-04-2026 3/3 submitted that even presuming what has been submitted that by the learned counsel appearing on behalf of the petitioner to be true that the victim committed suicide by hanging herself, but then who was responsible for the said act of the victim, obviously it is the husband. It is submitted that it is the duty of the husband to ensure well being of the wife. It is further submitted that it was petitioner who created conditions conducive for the victim to take the extreme step of ending her life.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to release the petitioner on bail.

7. Accordingly, the instant bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T