Patna High Court
Chhathu Yadav @ Chhathu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
The petitioners, Chhathu Yadav and Mina Devi, father‑in‑law and mother‑in‑law of a deceased woman, filed an anticipatory bail petition fearing arrest in a complaint case under Sections 80 and 3(5) of the BNS. The prosecution alleges that the deceased was married to Rahul Kumar, faced dowry‑related cruelty, and was subsequently murdered by the accused. The petitioners contend they have no involvement, possess clean antecedents, and the primary accusation is against the husband, who is already in custody. The State opposed the bail. Considering the petitioners' clean record and lack of direct connection to the crime, the Court ordered anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties and a condition to surrender within eight weeks, invoking Section 482(2) of the BNSS 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS 2023 in a case punishable under Sections 80 and 3(5) of the BNS.
Legislation cited
- BNS — s. 3(5), 80
- BNSS, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- dowry harassment
- murder
- clean antecedent
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1701 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- JAGDISHPUR District- Bhojpur
======================================================
1 . Chhathu Yadav @ Chhathu Singh S/O Shivnath Singh @ Shivnath Yadav
R/O Vill.- Morcha, P.S.- Jagdishpur, Dist.- Bhojpur
2. Mina Devi W/O Chhathu Singh @ Chhathu Yadav R/O Vill.- Morcha, P.S.-
Jagdishpur, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar , Advocate
Mr. Deepak Kumar , Advocate
Ms. Priya Kumari , Advocate
Mr. Sonu Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Madan Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a complaint
case punishable for the offence under Sections 80 and 3(5) of
BNS.
3 . As per prosecution case , daughter of informant
performed love marriage with co-accused Rahul Kumar @
Aitwaru Kumar in the year 2022 and after the marriage , she
was subjected to cruelty and harassment by all the accused
persons due to non-fulfillment of demand of dowry and
ultimately the accused persons committed the murder of
informant’s daughter.
4. Petitioner no. 1 is father-in -law and petitioner no. 2
is mother-in-law of the deceased. They are simply victim of
over implications. Allegation is general and omnibus against
Patna High Court CR. MISC. No.1701 of 2026(2) dt.28-01-2026
2/2
these petitioners. Petitioners are separate in mess and property
and have got no concern with deceased and her husband. It is
further orally submitted that thrust of the accusation is against
husband of the deceased who is already in custody . Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of petitioners.
6. However, considering the aforesaid facts, clean
antecedent of these petitioners and other circumstances of the
case , let the above named petitioners, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned ACJM- 1 st Bhojpur at Ara in connection
with Jagdishpur P.S. Case No. 296 of 2025 , subject to
condition as laid down under Section 482 ( 2 ) of BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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