Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that bail may be granted in the present case upon satisfactory bond and sureties, despite the serious nature of the charges.
Summary
The petitioner, Upendra Yadav, was charged under IPC Sections 201, 302 and 34 for the alleged murder of the informant's daughter, who was also his wife of fifteen years. The prosecution alleged that after the marriage the deceased was tortured, and the petitioner misled the informant about her health and death, subsequently preventing her from seeing the body. The petitioner contended that the marriage was legitimate, there was no prior complaint, the death resulted from an accidental fall during a quarrel over food, and he had no one to care for six minor children. The State opposed bail, arguing the seriousness of the offences. After hearing both sides and reviewing the record, the court granted bail on a bond of Rs.10,000 with two sureties, deeming the conditions sufficient to ensure the petitioner's appearance.
Issues considered
- What is the appropriateness of granting bail to an accused charged with murder and related offences under Sections 201, 302 and 34 of the IPC?
- Does the presence of minor children and alleged lack of prior complaint affect the bail decision?
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC Section 201
- IPC Section 302
- IPC Section 34
- criminal procedure
- high court
- minor children
- marriage dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23418 of 2026
Arising Out of PS. Case No.-18 Year-2024 Thana- ANTI District- Gaya
======================================================
Upendra Yadav Son of Lal Besar Yadav @ Lalveshar yadav @ Lalvesh yadav
Resident of village- simarua, simrahua, Ps- Aanti, Dist- Gayaji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Aanti
P.S. Case No. 18 of 2024, registered for the offence under
Sections 201, 302/34 of the Indian Penal Code.
3. As per allegation, the marriage of the deceased
daughter of the informant was performed with the petitioner 15
years ago. It has been alleged that after a few days of the
marriage, the deceased was tortured. It is alleged that this
petitioner informed the daughter-in-law of the informant that the
deceased daughter of the informant was ill and requested them
to come to meet her, but since it was late in the night, the
informant did not go. It has also been alleged that again in the
morning at 03:00 AM, this petitioner informed the informant
that her daughter has died. The informant thereafter reached the
Patna High Court CR. MISC. No.23418 of 2026(3) dt.07-05-2026
2/3
matrimonial house of her deceased daughter, then the petitioner
and his other family members started abusing her and forbade
her from seeing the dead body.
4. Learned counsel appearing for the petitioner
submits that the marriage was performed between the petitioner
and the deceased daughter of the informant 15 years ago. There
was no complaint as regards anything, moreover, the informant
has herself stated that her daughter was assaulted without any
reason. It has further been submitted that the information
regrading the bad condition of the deceased daughter of the
informant was reported to the informant by this petitioner and
subsequently when she did not come, then again the petitioner,
in the morning hours, informed the informant that the daughter
of the informant has died. It has further been submitted,
referring to paragraph 15 of the case diary, that the daughter of
the petitioner has stated that there was an intervening quarrel
between the petitioner and her deceased mother over question of
providing food and during that the petitioner pushed the
deceased and she sustained injuries due to fall on the bed and
did not regain her consciousness thereafter. It is lastly submitted
that there is no one to look after the six minor children born out
of the wedlock.
Patna High Court CR. MISC. No.23418 of 2026(3) dt.07-05-2026
3/3
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-VI, Gayaji, in connection with Anati P.S. Case No. 18 of
2024.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…