Patna High Court
Surendra RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that bail could not be granted and dismissed the petition.
Summary
The petitioner, Surendra Rajbanshi, applied for regular bail in a case registered under Section 304(b) read with Section 34 of the Indian Penal Code, alleging that he was the husband of the deceased and had no prior criminal record. The prosecution alleged that the petitioner, along with his in‑laws, set fire to his wife Guddi Devi’s matrimonial home over a dowry demand, resulting in her death from 95% burns. The petitioner argued that he was incarcerated since 1 June 2025 and could not appear in court because he was engaged in livelihood activities, while the State contended that he was the main accused and had been absconding for twenty years. The court considered the seriousness of the alleged dowry death, the victim’s death within seven years of marriage, and the petitioner’s alleged long‑term absconding. Concluding that the circumstances warranted denial of liberty, the court rejected the bail application.
Issues considered
- Whether regular bail can be granted to the accused in a dowry death case under Section 304(b) IPC read with Section 34 IPC?
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- regular bail
- absconding
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86703 of 2025
Arising Out of PS. Case No.-34 Year-2006 Thana- SIRDALA District- Nawada
======================================================
Surendra Rajbanshi S/O Amirak Rajbanshi Resident Of Village- Kadwara,
P.S.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the Petitioner and Mr. Sanjay Kumar Tiwary, learned APP for
the State.
2. Petitioner seeks regular bail in connection with
Sirdalla P.S. Case No. 34 of 2006 dated 27.05.2006 registered
for the offence punishable under Section 304(B) read with
Section 34 of the Indian Penal Code.
3. As per the prosecution story, on the night of 25 th
May 2006, the victim, Guddi Devi, was set on fire by the
petitioner and her in-laws at her matrimonial home in
connection with a demand for dowry. It is further alleged that
prior to the incident, the victim was subjected to cruelty and
harassment on account of the non-fulfillment of the dowry
demand.
4. The main submissions advanced by the petitioner’s
Patna High Court CR. MISC. No.86703 of 2025(2) dt.09-01-2026
2/2
counsel are that the petitioner is the husband of the deceased,
bears no criminal antecedent, has been languishing in jail since
01.06.2025, the deceased sustained burn injuries while cooking
food and consequently died, and the petitioner had gone outside
for the purpose of his livelihood, due to which he could not have
appeared before the trial court.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner is the
main accused, the deceased died due to burn injuries, and the
petitioner has remained absconding for twenty years.
6. Considering the seriousness of the allegations
appearing against this petitioner, which relate to the unnatural
death of the petitioner’s wife by sustaining 95% burn injuries,
coupled with the fact that the death of the victim occurred
within seven years of her marriage, and mainly the petitioner’s
conduct in remaining absconding for twenty years after the
registration of the FIR, this Court is not inclined to release him
on bail, accordingly, his prayer stands rejected.
(Shailendra Singh, J)
maynaz/-
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