Patna High Court
Srikant RajwanshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Srikant Rajwanshi, husband of a woman who died under suspicious circumstances, was charged under Section 103(1) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act for dowry‑related cruelty and death. He applied for bail after being in judicial custody since March 2025, arguing that the post‑mortem report showed a ligature mark consistent with suicide by hanging and that the prosecution’s case of strangulation by in‑laws was unsupported. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the evidence insufficient to deny bail and, despite the antecedents, ordered the petitioner to be released on bail with a bond of Rs 10,000 and two sureties. The bail order superseded an earlier denial of bail by the coordinate bench.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Section 103(1) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act.
- Whether the post‑mortem findings and the claim of suicide create reasonable doubt justifying bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 103(1)
- Dowry Prohibition Act — s. 3
Subjects
- bail
- dowry death
- Section 103
- Dowry Prohibition Act
- post‑mortem
- suicide
- criminal antecedent
- husband
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16424 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Srikant Rajwanshi S/O Sujit Rajwar @ Suchit Ram @ Suchit Rajwar
Resident of vilage - Sahgi,P.O-Sirisiya Bigha , P.S- Nasirganj, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Ms. Shreya, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nasriganj P.S. Case No. 74 of 2025 registered for the
offence punishable under Section 103(1) of the B.N.S., 2023
and Section ¾ of the Dowry Prohibition Act which was earlier
rejected by the learned Co-ordinate Bench of this Court vide order
dated 23.06.2025 passed in Cr. Misc. No. 35963 of 2025.
3. The case of the prosecution, in short, is that the
petitioner is the husband of the deceased. The deceased was
married to the petitioner 15 years ago, and she was subjected to
cruelty on account of non-fulfillment of the dowry demand, and
she was ultimately killed.
Patna High Court CR. MISC. No.16424 of 2026(3) dt.22-04-2026
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4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the postmortem
report, it will transpire that the doctor conducting the autopsy
has found only a ligature mark and has opined that the cause of
death is asphyxia due to hanging, but it can be ascertained duly
by the viscera report. The viscera report of the deceased was
also preserved. He further submits that from perusal of the FIR,
it is clear that the allegation is that the deceased was
strangulated by the in-laws, but the postmortem report does not
support the version of the prosecution, rather it supports the case
of the petitioner, as according to the petitioner, the deceased
herself has committed suicide. Moreover, the petitioner is
languishing in judicial custody since 09.03.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
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 enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.16424 of 2026(3) dt.22-04-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned court
below/successor court in connection with Nasriganj P.S. Case
No. 74 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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