Survind Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17541 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Survind Das S/O Laxmi Das R/O Village- Bhavanipur, Tole Chotahi, P.SRiga, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pushpendra Kumar Singh, Advocate For the State :

Mr. Satyendra Prasad, APP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel appearing for the petitioner, learned A.P.P. appearing for the State and learned counsel appearing for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 80, 238(2) and 3(5) of the B.N.S..

3. It is a case of dowry death. The prosecution story, in a nutshell, is that marriage of sister of informant, namely Durga Kumari, was solemnized with this petitioner on 20.12.2020 as per Hindu rites and rituals and thereafter, it is alleged that she was being subjected to cruelty and harassment by all the accused persons, including this petitioner, due to nonfulfillment of demand of dowry. It is further alleged that on

Patna High Court CR. MISC. No.17541 of 2025(6) dt.07-08-2025 2/3 16.10.2024, informant came to know that all the accused persons named in the F.I.R., including this petitioner, have committed murder of his sister by strangulating her.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has falsely been implicated in this case merely because he happens to be husband of the deceased. Informant is not an eye-witness of the alleged occurrence. Petitioner never tortured or demanded any dowry. As a matter of fact, the deceased committed suicide. Petitioner has got no criminal antecedents and he is in custody since 19.11.2024. Moreover, charge-sheet has already been submitted.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of the deceased and there is specific and direct accusation that he, along with other accused persons, committed murder of sister of informant due to nonfulfillment of demand of dowry. As per post mortem report, cause of death of the deceased has been determined as asphyxia leading to CR failure as a result of neck injury caused by rope like substance. External injuries were also found on the person

Patna High Court CR. MISC. No.17541 of 2025(6) dt.07-08-2025 3/3 of the deceased and admittedly, the deceased died an unnatural death at her matrimonial house within seven years of marriage.

6. Considering the specific and direct nature of accusation and the fact that petitioner is husband of the deceased who died unnatural death at her matrimonial house within seven years of marriage, the prayer for grant bail of to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T