Patna High Court
RABEN YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
The appellant, Raben Yadav, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act in connection with the alleged murder of his daughter-in-law, who had reportedly faced caste abuse and dowry harassment. The informant claimed the deceased was threatened and later killed, and the prosecution presented a confession by the deceased's husband stating that he and his mother committed the murder, alleging that the appellant helped conceal the body. The appellant contended that the charges were vague, there were no eyewitnesses, and he had not used the informant's caste name publicly, thus no offence under the SC/ST Act. The Special Public Prosecutor and the informant opposed bail, citing the seriousness of the offences and the appellant's alleged role in the crime. The Patna High Court, after considering the circumstances and the appellant's custody period, allowed the appeal, set aside the lower court’s order denying bail, and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail pending trial despite serious charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the prosecution has established a prima facie case under the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence, including the husband's confession, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118(2), 238, 3(5), 61(2), 80(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- dowry harassment
- caste discrimination
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4405 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Raben Yadav S/O Uttimlal Lal yadav R/o village- Dhamsrna ward no. 6, P.S.-
Sour Bazar, District- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Geeta Devi W/O Kapildeo Ram R/O Vill.- Ward no. 9, Rajni, P.S.-
Murliganj, Dist.- Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiva Shankar Sharma, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Informant : Mr. Kumar Goutam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 27.09.2025 passed by learned Additional
Sessions Judge-1st-cum-Special Judge, SC/ST (PoA) Act,
Saharsa whereby the prayer for bail of the appellant in
connection with Special Case No. 56 of 2025 arising out of Sour
Bazar PS Case No. 102 of 2025 instituted under Sections
118(2), 80(2), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 3(2)(v) of SC/ST Act (Subsequently, Sections
103(1) & 238 of the BNS) were added.
Patna High Court CR. APP (SJ) No.4405 of 2025(4) dt.22-01-2026
2/3
3. Prosecution case, in short, is that the informant was
informed on 28.03.2025 that her daughter had died. Informant
alleged that her daughter was abused by caste name, harassed
for dowry demand of Rs. 1 lakh and a motorcycle, and
threatened with death, days before the incident.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
There is no specific allegation against the appellant, rather the
same is general and omnibus in nature. Appellant is the father-
in-law of the deceased. It is submitted that appellant was even
separate in mess and property of the husband of the deceased.
There is no eye witness to the occurrence. Learned counsel for
the appellant further submits that the appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against him. The
appellant has no intention to disgrace the image of the informant
in public view. The appellant is in custody since 23.06.2025 and
has one criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant. It is submitted that during investigation confessional
Patna High Court CR. APP (SJ) No.4405 of 2025(4) dt.22-01-2026
3/3
statement of the husband of the deceased was recorded, wherein
he confessed that husband of the deceased along with his mother
committed the murder of the deceased. Moreover, it is alleged
that appellant facilitated in concealing the dead body.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 27.09.2025
passed by learned Additional Sessions Judge-1st-cum-Special
Judge, SC/ST (PoA) Act, Saharsa is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No. 56
of 2025 arising out of Sour Bazar PS Case No. 102 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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