Patna High Court

Dharmendra RamversusThe State of Bihar

Decided: 1 May 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied to the petitioner.

Summary

Dharmendra Ram, the petitioner, was arrested on 10 March 2025 in connection with a dowry death case (Sections 304B, 34 IPC and Sections 3, 4 Dowry Prohibition Act). He applied for bail, claiming a clean antecedent and that the FIR was fabricated, noting that co‑accused had previously been granted bail. The State opposed the bail, relying on the post‑mortem report showing asphyxia due to antemortem injuries and the seriousness of the alleged offence. The Court examined the material on record and the gravity of the charges, and found no sufficient ground to grant bail. Consequently, the petition for bail was refused.

Issues considered

Whether bail should be granted to the accused in a dowry death case under Sections 304B and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Whether the allegations in the FIR are false and the accused is entitled to bail despite co‑accused being released earlier.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 304B, 34

Subjects

bail
dowry death
Section 304B IPC
Indian Penal Code
Dowry Prohibition Act
criminal procedure
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20035 of 2026
                    Arising Out of PS. Case No.-303 Year-2023 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Dharmendra Ram S/O Parshuram Ram R/O- Vill- Risaura, P.S- Maharajganj,
                 Distt. - Siwan, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Jasjit Pranjal, Adv.
                                                 Mr. Vikas Kumar Jha, Adv.
                                                 Mr. Upendra Ujjawal, Adv.
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-05-2026                          Heard Ms. Jasjit Pranjal, learned counsel for the

                   petitioner and Mr. Abhay Kumar, learned APP for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   10.03.2025 in connection with Maharajganj P.S. Case No. 303

                   of 2023, F.I.R. dated 25.01.2024 registered for the offence under

                   Sections 304B, and 34 of the IPC and Section 3, 4 of the Dowry

                   Prohibition Act.

                                 3. As per the prosecution story, the informant alleged

                   that his daughter who was married to the petitioner in 2021, was

                   subjected to dowry demands and cruelty. On 04.11.2023, she

                   was allegedly strangulated to death by her husband and in-laws,

                   when informant reached her daughter’s house the accused

                   persons had fled after the incident.
Patna High Court CR. MISC. No.20035 of 2026(3) dt.01-05-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has been falsely

          implicated in the present case. He further submits that the

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has committed no offence as alleged in the FIR.

          Petitioner has been made accused in the present case merely on

          the ground that petitioner is the husband of the deceased.

          Further, submits that for the same set of allegation, co-accused

          person has been granted bail vide order dated 26.10.2024 in Cr.

          Misc. No. 40931 of 2024, another co-accused person, namely,

          Sudhansu Kumar has been granted bail by a co-ordinate Bench

          of this Court vide order dated 06.12.2024 passed in Cr. Misc.

          No. 63269 of 2024.

                       5. Learned APP for the State, on the basis of the

          material available on the record and the case diary, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that within the period of two years of the marriage, the

          present occurrence has taken place and apart from that the

          postmortem report of the deceased reveals that the number of

          antemortem injury was found on the person of deceased and

          cause of death is asphyxia due to above-mentioned antemortem

          injury caused by hanging.
             Patna High Court CR. MISC. No.20035 of 2026(3) dt.01-05-2026
                                                         3/3




                                    6. Considering the aforesaid fact, I am not inclined to

                       enlarge the petitioner on bail in connection with Maharajganj

                       P.S. Case No. 303 of 2023 pending in the court of learned Addl.

                       District and Sessions Judge-IV, Siwan.

                                    7. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
Abhishek/-

U      T

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