Rajesh Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32209 of 2026 Arising Out of PS. Case No.-223 Year-2025 Thana- JALALPUR District- Saran ====================================================== Rajesh Giri, son of Purshottam Giri, Resident of village - G.S. Bangarra, P.S.- Jalalpur, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahesh Narayan Parbat, Sr. Advocate Mr. Praveen Prabhakar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 15-07-2026 Heard Mr. Mahesh Narayan Parbat, learned Senior counsel for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.
2. This application for anticipatory bail arises out of Jalalpur P.S. Case No.223 of 2025 registered for the offence under sections 103(1), 61(2) and 3(5) of the B.N.S., 2023.
3. The prosecution case in brief is that the marriage of the informant's sister, Kavita Devi was solemnized with Rajesh Giri in the year 2012 according to Hindu rites and rituals. On 05.10.2025, at 08.38 am, the informant received a phone call from his niece, who informed him that her mother Kavita Devi, had been brutally assaulted and murdered by her in-laws. When he reached at his sister's matrimonial home and inquired about
Patna High Court CR. MISC. No.32209 of 2026(3) dt.15-07-2026 2/3 his sister, the family members namely Mogla Devi (mother-inlaw), Ranjan Kumar (brother-in-law), Puja Devi (sister-in-law), Vikash Kumar Giri, Pushpa Devi (Nanad), and Seema Devi (Nanad), who were present there, started abusing him and fled away. When the informant asked his niece Nandita Kumari and nephew Ayush Kumar, regarding the incident, both stated that at the instance of their father Rajesh Giri (petitioner), all the named accused persons assaulted their mother and murdered her by strangulation.
4. Learned counsel for the petitioner submits that the petitioner happens to be the husband of the deceased and has falsely been implicated in this case. He further submits that the deceased was not in a fit state of mind and after closing the door in a heat of passion, hung herself and in the presence of police, the door was opened. He further submits that petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer of anticipatory bail of the petitioner and submits that there is direct allegation of connivance of the petitioner and the place of occurrence was disturbed by the family members prior to the visit of the police personnel as stated by the Investigating Officer.
6. Considering the direct allegation of connivance of the petitioner in respect to strangulation and the fact that petitioner is
Patna High Court CR. MISC. No.32209 of 2026(3) dt.15-07-2026 3/3 the husband of the victim (deceased), I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this anticipatory bail application is rejected.
8. However, if the petitioner surrender before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Alok Kumar, J) khushbu/- U T