Patna High Court
Bipin Yadav @ Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail should be granted, subject to a bail bond and the conditions specified under the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Bipin Yadav, was accused in a police case of killing his wife’s daughter by poison, an allegation he denies, claiming the death was a suicide induced by the mother’s verbal abuse. He had previously been granted anticipatory bail in a related matter (order dated 18‑07‑2024 in case 20584 of 2024) and surrendered to the civil court for bail bond. The petitioner argued that no dowry allegation was made in the FIR and that he was ready to comply with any conditions imposed by the court. The State opposed bail, emphasizing the petitioner’s marital relationship with the deceased and the seriousness of the charges under the Bhartiya Nyaya Sanhita, 2023. The court, after considering the submissions, ordered that anticipatory bail be granted on furnishing a Rs.30,000 bail bond and compliance with conditions under Sections 2(1)(d) and 482(2) of the BNS, subject to verification of the petitioner’s criminal antecedents.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the alleged suicide of the deceased, allegedly caused by pressure from the mother, negates criminal liability of the petitioner.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNS are sufficient to justify the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 123, 126(2), 2(1)(d), 3(5), 352, 482(2), 80, 85
Subjects
- anticipatory bail
- murder
- suicide
- marriage dispute
- Bhartiya Nyaya Sanhita
- criminal procedure
- dowry
- section 2(1)(d)
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15781 of 2026
Arising Out of PS. Case No.-272 Year-2024 Thana- AKBARPUR District- Nawada
======================================================
Bipin Yadav @ Bipin Kumar Son of Gori Yadav Resident of Village-
Shahpur, P.S.- Akbarpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Akbarpur P.S. Case No. 272 of 2024, dated 01.08.2024,
lodged under Sections 126(2), 352, 123, 80, 85 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”).
3. As per the prosecution, an FIR has been lodged
against the sole petitioner, alleging that he killed the informant’s
daughter by administering poison.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that the petitioner is the husband of the deceased. He
further submits that the marriage between the informant’s
daughter (the deceased) and the petitioner took place with full
Patna High Court CR. MISC. No.15781 of 2026(2) dt.25-03-2026
2/3
contest, as the family of the deceased did not agree to the said
marriage and had filed another criminal case against the present
petitioner. He further submits that in the said case, the petitioner
was granted anticipatory bail by this Hon’ble Court vide order
dated 18.07.2024 passed in 20584 of 2024, and after the grant of
anticipatory bail, he decided to surrender before the Civil Court,
Nawada, for furnishing the bail bond. In the meantime, the
informant, who is also an adjacent neighbour, met the victim (her
daughter) and verbally abused her, alleging that she had lowered
the prestige of the family by eloping and solemnizing marriage
with the petitioner, and also that, based on her statement recorded
in the Court, the petitioner had been granted anticipatory bail.
Counsel further submits that due to the abuse and pressure
created by the mother (informant), the deceased was mentally
disturbed and, under pressure, committed suicide by consuming
poison.
5. Counsel further submits that it was the petitioner
who brought the victim (deceased) to the hospital with the
assistance of the petitioner’s family members. He further submits
that the allegation of dowry has not been made in the FIR, which
is necessary under Section 80 of the BNS. He also submits that
the petitioner is ready to fulfill all conditions whatsoever shall be
imposed by this Court.
Patna High Court CR. MISC. No.15781 of 2026(2) dt.25-03-2026
3/3
6. Learned APP for the State opposes the petitioner’s
prayer for bail and submits that the petitioner is the husband of
the victim (the deceased).
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned
in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief
Judicial Magistrate, Nawada, in connection with Akbarpur P.S.
Case No. 272 of 2024, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
8. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found at
any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of the
petitioner’s bail bond. However, the acceptance of the bail bond
in terms of the above-mentioned order shall not be delayed for
the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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