Patna High Court
Jairam PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted because the death was deemed a suicide resulting from torture and dowry demand.
Summary
The petitioner, Jairam Pandey, applied for bail in a case (Sonpur P.S. Case No.1241 of 2025) alleging his involvement in the death of the deceased under Sections 80(2) and 61(2) of the BNS and Section ¾ of the Dowry Prohibition Act. The prosecution alleges that the petitioner and co‑accused killed the deceased, while the petitioner contends that the death was a suicide, citing a broken door lock and a diary entry indicating self‑infliction. The court examined the material on record, noting that the deceased’s suicide appeared to be a result of torture and dowry demands. Consequently, the court was not inclined to grant bail. The bail application was dismissed, with the court allowing the petitioner to re‑apply if the trial is delayed by the prosecution, and clarified that its observations were limited to the bail application and not the merits of the case.
Issues considered
- Whether bail can be granted to the accused under Sections 80(2) and 61(2) of the BNS and Section ¾ of the Dowry Prohibition Act when the death is alleged to be a suicide.
- Whether the circumstances of alleged torture and dowry demand affect the grant of bail.
Legislation cited
- BNS — s. 61(2), 80(2)
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- suicide
- dowry prohibition
- criminal procedure
- section 80
- section 61
- section ¾
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20027 of 2026
Arising Out of PS. Case No.-1241 Year-2025 Thana- SONEPUR District- Saran
======================================================
Jairam Pandey Son of Pashupatinath @ Pashupati Nath Resident of Village -
Ismailchak, Police Station - Sonpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sonpur P.S. Case No. 1241 of 2025 registered for the offence
under Sections 80(2), 61(2) of the BNS and under Section ¾ of
the D.P. Act.
3. As per the prosecution case, the petitioner and
other accused persons are said to have killed the deceased.
4. The petitioner is in custody since 31.12.2025.
5. Learned counsel for the petitioner submits that
the deceased has committed suicide and the description of the
place of occurrence in paragraph 12 of the case diary shows that
the deceased has committed suicide. He further submits that the
lock of the door of the room was found broken after the
Patna High Court CR. MISC. No.20027 of 2026(2) dt.01-04-2026
2/2
discovery of the suicide by the family members of the petitioner.
6. Considering the materials available on record, it
appears that the deceased has committed suicide because of
torture and demand of dowry and therefore, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The petitioner may renew his prayer for bail if
the trial is delayed by the prosecution side.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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