Created by Fuzzy Cloud

Patna High Court

Surendra RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.