Patna High Court
Uday Yadav @ Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners.
Summary
The petitioners, relatives of a deceased woman, sought anticipatory bail fearing arrest in a dowry death case filed under Sections 304B, 201 and 34 of the IPC. They contended that they were falsely implicated because they are merely brother‑in‑law and sisters‑in‑law of the deceased, and that the informant was not an eye‑witness and no specific overt act of dowry demand was alleged against them. The State opposed the bail, arguing the seriousness of the offences. The Court observed that the accusations were general and omnibus, and noted the petitioners' clean antecedents, concluding that there was insufficient material to justify their arrest. Consequently, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry death case under Sections 304B, 201 and 34 IPC.
- Whether the allegations against the petitioners are specific enough to warrant arrest.
Legislation cited
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- anticipatory bail
- IPC
- Section 304B
- Section 201
- Section 34
- criminal procedure
- bail
- family relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18640 of 2026
Arising Out of PS. Case No.-680 Year-2019 Thana- BIHTA District- Patna
======================================================
1. Uday Yadav @ Uday Kumar S/O Late Arbind Kumar @ Bhuletan Yadav
R/O Bihta Tola, P.S.- Bihta, District- Patna
2. Dhun Devi @ Sunita Devi W/O Uday Yadav @ Uday Kumar R/O Bihta
Tola, P.S.- Bihta, District- Patna
3. Lalita Devi W/O Gope Yadav @ Mukesh Kumar R/O Bihta Tola, P.S.- Bihta,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Patanjali Rishi, Advocate
For the State : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 304B, 201
and 34 of the Indian Penal Code.
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of her daughter was solemnized
with co-accused Deepu Kumar on 25.06.2018 as per Hindu rites
and rituals and thereafter, all the F.I.R. named accused persons,
including these petitioners, committed torture and harassment
with the victim due to non-fulfillment of demand of dowry and
Patna High Court CR. MISC. No.18640 of 2026(2) dt.04-05-2026
2/3
subsequently, all the accused persons committed murder of the
victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be brother-in-law and Petitioner Nos. 2 and 3 happen to be
sisters-in-law of the deceased. Petitioners are separate in mess
and property and have got no concern with the affairs of the
deceased and her husband. Informant is not an eye witness of
the alleged occurrence. Allegation of demand of dowry is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners. Thrust of accusation is
against husband of deceased who has already been acquitted
vide judgment dated 22.07.2023 passed by the learned
Additional Sessions Judge-VI, Danapur, Patna in connection
with Sessions Trial Nos. 497 of 2022 and 498 of 2022.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
Patna High Court CR. MISC. No.18640 of 2026(2) dt.04-05-2026
3/3
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate II, Danapur, Patna in connection with Bihta
P.S. Case No. 680 of 2019, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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