Patna High Court
Shaurabh Kumar @ Shaurabh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner given the gravity of the offences.
Summary
Shaurabh Kumar Yadav was arrested in connection with a dowry‑related homicide case (PS Case No. 134/2025) and sought regular bail. The prosecution alleged that he, as the husband of the deceased, was the main accused for killing her to demand dowry, charging him under Sections 85, 80, 238 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended that he was falsely implicated, had no prior criminal record, and had been in custody since 14‑May‑2025, offering to cooperate with the trial. The State opposed bail, emphasizing his role as the principal accused. Considering the seriousness of the offences, the court declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner accused of dowry death under the specified sections of the B.N.S. and Dowry Prohibition Act
- Whether the petitioner, as the alleged husband and main accused, poses a risk to the investigation or public safety
Legislation cited
- B.N.S. — s. 238, 3(5), 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- criminal procedure
- main accused
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24160 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Shaurabh Kumar @ Shaurabh Kumar Yadav Son of Pusp Narayan Yadav @
Puhuplal Yadav Resident of Village -Phulparas PS -Phulparas Distt
-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivnandan Bharti, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Phulparas P.S. Case No. 134/2025 registered for the offences
punishable under Sections 85, 80, 238 and 3(5) of B.N.S. and
Section 3/ 4 of Dowry Prohibition Act.
3. As per the prosecution case, petitioner along with
others is alleged of killing the deceased for demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 14.05.2025. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.24160 of 2026(2) dt.01-05-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner is
the main accused i.e. husband of the deceased and there is direct
allegation on him of killing the deceased.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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