Created by Fuzzy Cloud

Patna High Court

Harishankar RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The regular bail application of the petitioner is rejected.

Summary

Harishankar Ray, husband of a woman who died by hanging in 2025, applied for regular bail in a case registered under Sections 80, 238 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner claimed a clean antecedent, alleged that the informant was not an eyewitness, and argued that the death was a suicide, citing a post‑mortem report showing asphyxia due to hanging. The State contended that, under the law, a presumption exists against the husband in dowry‑related deaths and that the petitioner’s family had created circumstances leading to the victim’s suicide. The court noted that anticipatory bail had been granted to other family members but found no sufficient ground to extend bail to the petitioner. Consequently, the court rejected the regular bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the presumption against the husband in dowry death cases
  • Whether the post‑mortem evidence of hanging establishes suicide or homicide
  • Whether the anticipatory bail granted to other family members extends to the petitioner

Legislation cited

Subjects

  • bail
  • dowry death
  • presumption against husband
  • anticipatory bail
  • suicide
  • post‑mortem
  • Criminal Miscellaneous
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1904 of 2026
                      Arising Out of PS. Case No.-145 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Harishankar Ray S/O Jawahar Ray R/O Village- Chainpur Chiutahan, P.S-
                 Paroo, Distt.- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha
                 For the Opposite Party/s :        Ms. Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Paroo

                   P.S. Case No. 145 of 2025, registered for the offences

                   punishable under Sections 80, 238 and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his cousin sister was married to petitioner in the

                   year 2020, after marriage, the petitioner along with his parents

                   started torturing her for dowry, further on 24.03.2025, the sister-

                   in-law of his sister namely Reena (Gotni) called and informed

                   that named accused persons including the petitioner strangulated

                   the victim to death, accordingly, the informant came to the place

                   of occurrence and the dead body was recovered from palani of
Patna High Court CR. MISC. No.1904 of 2026(2) dt.21-04-2026
                                            2/4




          of Vinod at the instance of the mother-in-law of the deceased

          and the dead body was sent for postmortem by the police.

                       4. Learned counsel for the petitioner submits that

          petitioner being husband has been falsely implicated in the

          instant case by the informant. It is next submitted that marriage

          of the petitioner with the deceased was solemnized in the year

          2020 and out of the wedlock, two children were born, who

          presently are residing with the family of the petitioner. It is also

          submitted that informant is not an eyewitness to the occurrence

          and allegation of demand of dowry and torture is also general

          and omnibus in nature. It is next submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that the

          informant alleges that named accused persons committed the

          occurrence of killing of the deceased but then does not allege

          against the petitioner. It is also submitted that Vinod Ray along

          with five others had approached this court seeking anticipatory

          bail by filing Cr. Misc. No. 71852 of 2025 and the same came to

          be allowed by an order dated 16.10.2025. It is further submitted

          that thereafter Saraswati Devi, mother-in-law also approached

          the court seeking anticipatory bail by filing Cr. Misc. No.65852

          of 2025 and the same came to be allowed by an order dated

          26.11.2025. Learned counsel next submits that the dead body of
Patna High Court CR. MISC. No.1904 of 2026(2) dt.21-04-2026
                                            3/4




          the deceased was sent for postmortem. It is next submitted that

          had the petitioner or his family members been involved in the

          occurrence, in that event efforts would have been made to

          dispose of the dead body with a view to conceal the evidence,

          but then postmortem was done for ascertaining the cause of

          death and the postmortem report records asphyxia on account of

          hanging as the reason of death. It is thus submitted that victim

          committed suicide. It is also submitted that petitioner is in

          custody since 07.10.2025

                       5. Learned A.P.P. for the State vehemently opposes the

          prayer for bail of the petitioner and submits that what is not in

          dispute rather stands admitted is that victim died within seven

          years of marriage and as such in law the presumption is against

          the husband and his family members. It is also submitted that no

          doubt the family members of the petitioner have been granted

          the privilege of anticipatory bail but then the case of the

          petitioner is to be considered on a different pedestal. It is also

          submitted that no doubt the postmortem report records asphyxia

          on account of hanging as the cause of death and thus it might be

          a possibility that the victim committed suicide but then it is the

          duty of the husband to ensure well being of his wife. It is next

          submitted that it was husband who created condition conducive
             Patna High Court CR. MISC. No.1904 of 2026(2) dt.21-04-2026
                                                         4/4




                       for the victim to take the extreme step of ending her life. It is

                       also submitted that in Cr. Misc. No. 71852/2025, except for

                       Jawahar Ray, who was the father-in-law of the deceased, rest of

                       the petitioners were agnates of the petitioner and were residing

                       separately.

                                    6. Considering the submissions made by the learned

                       APP, the Court is not inclined to release the petitioner on bail.

                                    7. The regular bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.