Patna High Court
Raj Kishor GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Raj Kishor Giri, brother‑in‑law of the deceased Karishma Kumari, sought regular bail in a case registered under Sections 80(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961. The prosecution alleged that the deceased was subjected to cruelty for non‑payment of a dowry demand (a motorcycle) and died in a burnt condition while under treatment. The petitioner’s counsel argued that the allegations were general, primarily directed at the husband, and that the petitioner had no criminal antecedent and had been in judicial custody since 4 December 2025. The State opposed bail, emphasizing the seriousness of the dowry‑related cruelty allegation. After considering the nature of the accusations and the petitioner’s clean record, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the dowry‑related cruelty allegations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
- Dowry Prohibition Act, 1961 — s. 3
Subjects
- bail
- dowry death
- cruelty
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10454 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
Raj Kishor Giri S/o Surendra Giri @ Surndra Giri R/o Village- Khojuli, P.S-
Derni, Dist- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Kumar Awnish Ankit, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 80(2) &
3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections ¾
of the Dowry Prohibition Act, 1961.
3. The case of the prosecution, in short, is that
Karishma Kumari (deceased) was married to one Brij Kishore
Kumar Giri. It is further alleged that the deceased was subjected
to cruelty on account of non-fulfillment of dowry demand of
motorcycle by her in-laws. On 23.08.2025, the informant got
information from the neighbors of the deceased that the
deceased has been rushed to PMCH, Patna. When the informant
went there, he found that deceased in a burnt condition and she
died during course of her treatment.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.10454 of 2026(2) dt.23-02-2026
2/2
petitioner is brother-in-law of the deceased. Learned counsel for
the petitioner has further submitted that nature of allegation is
general and omnibus. Learned counsel has further stated that the
main thrust of allegation is against the husband of the deceased.
Learned counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 04.12.2025.
5. Learned APP for the State has vehemently opposed
the bail and has submitted that there was allegation of subjecting
the deceased to cruelty on demand of bike and that she has died
in her matrimonial house.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Derni P.S. Case No. 218 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Saran.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.