IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45886 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- GORAUL District- Vaishali ====================================================== Deepak Kumar Giri @ Deepak Kumar Son of Late Shambhunath Giri Resident of Village- Rasalpur, P.S.- Jandaha, District- Vaishali, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv. Mr. Riya Giri, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP For the Informant : Mr. Kushtubh Prakash, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR CAV ORDER 4 20-08-2026 Date : -08-2026 Heard learned Senior counsel for the petitioner and learned Additional Public Prosecutor for the State as well as the learned counsel for the informant. 2. The petitioner seeks bail in connection with Goraul P.S. Case No. 54 of 2026 dated 27.01.2026 registered for the offences under Section 115(2), 126(2), 80, 103(1) & 3(5) of the Bhartiya Nayaya Sanhita. 3. According to the prosecution case, the daughter of the informant is subjected to assault and torture on account of non-fulfillment of demand of dowry by the petitioner and his family members and she has finally been done to death for want of dowry. Patna High Court CR. MISC. No.45886 of 2026(4) dt.20-08-2026 2/5 4. Learned Senior counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the allegation, as alleged in the F.I.R., is absolutely false and fabricated and the petitioner has not committed any offence. He further submits that as a matter of fact, the deceased herself committed suicide by hanging her which would be evident from the suicide note of the deceased, description of which, is recorded in paragraph-79 of the case diary. Referring to the aforesaid suicide note, it has been submitted that the deceased herself clarified that it is not a case of murder rather she herself committed suicide. She in her suicide note also stated that she has tendered apology from all the concern to whom she hurt in any manner and categorically requested from the police administration that postmortem of her body may not be done nor any criminal case may be registered against my husband, who is petitioner, and any of her in-laws members. 5. Relying on the statement of the deceased in her suicide note, it is submitted that it is not a case of dowry demand leading to the death of the deceased for which the petitioner, who happens to be husband, would be liable to be prosecuted especially when he was not even present on the Patna High Court CR. MISC. No.45886 of 2026(4) dt.20-08-2026 3/5 unfortunate day on which her wife committed suicide. Moreover, it is the petitioner himself informed the police and other family members about the unfortunate death of his wife. He also submits that petitioner being the husband has never ever demanded any dowry nor assaulted the deceased in any manner. Drawing the attention of this Court towards the postmortem report, he submits that the doctor, who has conducted the postmortem, has opined that the deceased died due to asphyxia due to hanging and no external or internal injury has been found on the person of the deceased. He also submits that the police after investigation has submitted charge-sheet in this case against the petitioner and there is no allegation of tampering with the witnesses against the petitioner. The petitioner, who is of clean antecedent, has been languishing in judicial custody since 28.01.2026 and he deserves to be enlarged on bail. 6. Learned A.P.P. for the State along with the learned counsel appearing for the informant on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submit that the petitioner happens to be the husband of the deceased and he is solely responsible for the death of her wife. Even if it is assumed that the deceased has committed suicide, it is the petitioner being the Patna High Court CR. MISC. No.45886 of 2026(4) dt.20-08-2026 4/5 husband would be responsible for abetment of her suicide. It would not be overlooked that the deceased died within the two years of her marriage and the complicity of the husband would be evident from the suicide note of the deceased itself in which, she has categorically stated that the petitioner should not be allowed to light her funeral pyre. This single line uttered by the deceased in her suicide note depicts the entire grief of the deceased leading to the entire occurrence, as alleged in the F.I.R, which could be enough to draw the inference that the deceased was disheartened with the petitioner for his some special act which she would not have expected. Moreover, in the suicide note, recital of audio and video is there, which unfolds during course of investigation and it was found that deceased was subjected to torture. It is also admitted that the deceased was only living with the petitioner in a rented flat, therefore, any burden of allegation or torture would certainly lie on the shoulder of the petitioner only. It has also been submitted that the informant in her re-statement and other witnesses in their statements recorded in paragraphs 5, 6, 7, and 8 of the case diary have supported the prosecution version. The postmortem report also suggest that the doctor has found that tongue protruding out through mouth and ligature mark of one inch Patna High Court CR. MISC. No.45886 of 2026(4) dt.20-08-2026 5/5 transversely placed all over the neck and also opined that the cause of death seems to be asphyxia due to hanging supported by the F.S.L. report. 7. Considering the rival submission of the parties and also the commission of offence, where a newly wedded young lady is alleged to have lost her entire life merely on account of non-fulfillment of demand of dowry that too within less than two years of her marriage, and the role of a husband in the alleged offence emerges during course of investigation as well as his period of incarceration, this Court is not inclined to grant bail to the petitioner, at this stage. 8. Accordingly, the prayer for bail of this petitioner is rejected. amit/- (Girijish Kumar, J) AFR/NAFR CAV DATE 17.08.2026 Uploading Date 20.08.2026 Transmission Date