Rahul Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19450 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rahul Giri S/o- Sharma Giri Resident of village- Rampur Khajuria PSDumariyaghat District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Raj, Adv.

Mr. Sumit Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-08-2025 Heard the parties.

2. The petitioner seeks bail in connection with Dumariaghat P.S. Case No. 121 of 2024 registered for the offence under Sections 341, 323, 304B and 34 of the I.P.C.

3. The petitioner is named in the F.I.R. and is in custody since 13.09.2024.

4. The allegation against the petitioner is to cause death of daughter of informant alongwith other coaccused persons / family members, due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.19450 of 2025(3) dt.06-08-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that wife of petitioner being lady of short temper committed suicide. It is pointed out that allegation of demand of dowry not specific against petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by Mr. Avinash Raj, learned counsel appearing for the informant while opposing the prayer of bail submitted that petitioner killed his wife brutally just after one year of their marriage within the four corners of matrimonial house. It is submitted that cause of death as per post-mortem report is "Asphyxia due to strangulation". It is submitted that during post-mortem multiple bruises found on the right lateral arm and on right lower part of abdomen of the deceased. The bilateral conjunctiva was also found

Patna High Court CR. MISC. No.19450 of 2025(3) dt.06-08-2025 3/3 congested.

7. In view of aforesaid factual submission and by taking note of fact as daughter of informant died in her matrimonial home, where cause of death appears unnatural i.e., "Asphyxia due to strangulation" in the background of the dowry demand just after the one year of marriage, where petitioner is the husband, coupled with fact that post-mortem report also prima-facie suggest that deceased was brutally assaulted during the occurrence, accordingly, the prayer of regular bail of petitioner stands rejected herewith.

(Chandra Shekhar Jha, J) Sudha/- U T