Patna High Court
Premchandra GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
Premchandra Giri and Hemanti Devi, the father‑in‑law and mother‑in‑law of the deceased Priya Kumari, were charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in connection with her death. The prosecution alleged that Priya Kumari was subjected to dowry‑related cruelty, leading to a 498A case and a charge under the Dowry Prohibition Act, and that she was assaulted and strangulated on 16‑10‑2025. The petitioners contended that the post‑mortem report showed a ligature mark consistent with hanging and that the cause of death was asphyxia due to suicide, not homicide. The State and the informant opposed bail, arguing the seriousness of the offences. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioners to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the petitioners under the charges of Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the post‑mortem findings indicating hanging affect the bail considerations.
- Whether the allegations of dowry‑related cruelty and assault warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry death
- homicide
- Bharatiya Nyaya Sanhita
- Section 498A
- Dowry Prohibition Act
- post‑mortem
- hanging
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4789 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- KESARIA District- East Champaran
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1. Premchandra Giri Son of Ramlal Giri Resident of Village - Gochhi, Ward
No.- 9, P.S.- Kesariya, District - East Champaran.
2. Hemanti Devi Wife of Premchandra Giri Resident of Village - Gochhi, Ward
No.- 9, P.S.- Kesariya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Parmanand Prasad, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections
103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The case of the prosecution, in short, is that one
Priya Kumari (deceased) was married on 19.04.2018 with
Arvind Giri. It is further alleged that she was subjected to
cruelty on account of non-fulfillment of dowry demand and that
is why a case has been filed under Sections 498A of the Indian
Penal Code and under Section ¾ of Dowry Prohibition Act was
filed. In that case, the informant was forced to withdraw that
Patna High Court CR. MISC. No.4789 of 2026(2) dt.03-02-2026
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case. The same was not withdrawn. It is further alleged that on
16.10.2025 she was being assaulted and strangulated by the in-
laws.
4. Learned counsel for the petitioners has submitted
that petitioners are father-in-law and mother-in-law of the
deceased. It has further been submitted that there has been
dispute between the deceased and her husband due to which she
has committed suicide. It has further been submitted that from
perusal of the post-mortem report it will transpire that the
Doctor conducted autopsy on the body of the deceased and has
found one ligature mark on neck high-ip, oblique measuing
6’x1/2’ from ledt mastoid area, anterior part of neck up to right
side of neck. Ligature mark is parchment like appearance.
Learned counsel for the petitioner has submitted that the Doctor
has also opined that cause of death is Asphyxia due to hanging
and post-mortem report goes to show that it is a case of hanging.
Moreover the petitioners are father-in-law and mother-in-law.
5. Learned Additional Public Prosecutor for the State
and learned counsel for the informant have vehemently opposed
the bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.4789 of 2026(2) dt.03-02-2026
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inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Kesariya P.S. Case No. 478 of 2025 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each of them with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran at Motihari.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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