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2026 DAILYLAW 30292 (PAT)

Premchandra Giri v. The State of Bihar

CR. MISC./4789/2026 · 2026-02-03

Ashok Kumar Pandey

body2026

Judgment text

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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 2/3 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 The same was not withdrawn.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. durgesh/- (Ashok Kumar Pandey, J) U T