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Patna High Court

Premchandra GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                                        3/3




                      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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