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Patna High Court

Uday Yadav @ Uday KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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