Patna High Court
Pawan Giri @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail could not be granted and dismissed the bail application.
Summary
Petitioner Pawan Giri was arrested in connection with a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged dowry‑related death of his wife. He applied for bail, claiming a clean antecedent, that the informant was not an eye‑witness, and that the post‑mortem report indicated death by hanging, suggesting suicide. The State opposed bail, invoking the statutory presumption under Section 304B that the husband is responsible for a dowry death and arguing that the petitioner created conditions leading to the victim’s suicide. The court examined the competing contentions and found the presumption and the seriousness of the offences sufficient to deny bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the accused under Sections 304B and 34 of the IPC.
- Whether the statutory presumption under Section 304B applies in the present facts.
- Whether the death can be treated as suicide or homicide for the purpose of bail.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- Section 34
- presumption
- suicide
- husband
- wife
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2996 of 2026
Arising Out of PS. Case No.-1 Year-2024 Thana- JAINTPUR District- Muzaffarpur
======================================================
Pawan Giri @ Pawan Kumar S/o- Naresh Giri Village- Repura Rampur
Vishwanath PS- Jaitpur District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
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 Jaitpur
P.S. Case No. 01 of 2024 registered for the offences punishable
under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 07.05.2024 and the informant alleges that his sister was
married to petitioner about three years back and after marriage,
the accused persons were torturing her for non-fulfillment of
dowry demand of Rs. 50,000/- and a motorcycle, thus, the
accused strangulated her to death and father-in-law of the
deceased called and informed that victim has died.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2996 of 2026(2) dt.21-04-2026
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petitioner, being husband, has been falsely implicated in the
instant case by the informant. It is next submitted that from
perusal of the allegations as alleged in the FIR, it would
manifest that informant is not an eye witness to the occurrence,
as such, the entire allegation hinges around suspicion and as far
as allegation of demand of dowry and torture is alleged, the
same is general and omnibus in nature. It is also submitted that
it was father of the petitioner who called the informant
informing about the death of his daughter. It is next submitted
that had the petitioner and his family members been involved in
killing the deceased in that event efforts would have been made
to dispose of the dead body with a view to conceal evidence and
not to inform the informant. It is also submitted that the dead
body was sent for postmortem for ascertaining the cause of
death and the postmortem report recorded the cause of death as
asphyxia due to hanging, it is thus submitted that victim
committed suicide.
5. Learned A.P.P. for the State opposes the bail
application and submits that the victim died within seven years
of marriage, as such, presumption in law is also against the
petitioner and his family members. It is next submitted that
allegation of demand of dowry and torture is alleged. It is also
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submitted that even presuming what has been submitted that by
the learned counsel appearing on behalf of the petitioner to be
true that the victim committed suicide by hanging herself, but
then who was responsible for the said act of the victim,
obviously it is the husband. It is submitted that it is the duty of
the husband to ensure well being of the wife. It is further
submitted that it was petitioner who created conditions
conducive for the victim to take the extreme step of ending her
life.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to release the
petitioner on bail.
7. Accordingly, the instant bail application stands
rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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