Patna High Court
Chandeshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner as the allegations are general, he has clean antecedents, and the period of custody is not excessive.
Summary
Chandeshwar Yadav, the father‑in‑law of a deceased woman, was arrested in a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 15 January 2026 and claims he did not commit any offence, asserting that the death was an accidental fire and that the allegations against him are vague and omnibus. The prosecution alleges that the accused, including the petitioner, killed the deceased for dowry. The court examined the nature of the allegation, the petitioner’s clean antecedents, the lack of a specific charge against him, and the length of his custody. Finding no substantive basis to deny bail, the court allowed the regular bail application subject to a cash bond and sureties. The order also imposed conditions of regular appearance and cooperation in the trial, and clarified that its observations are prima facie and not on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner in a dowry‑death case under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- regular bail
- criminal procedure
- accidental death
- father‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26161 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- KHAJAULI District- Madhubani
======================================================
Chandeshwar Yadav Son of Late Jago Yadav Resident of Village- Behata,
P.S.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Khajauli P.S. Case No. 11 of 2026 registered for the offence
under Section(s) 80 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the accused persons
including the petitioner are alleged to have killed the deceased
for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is in custody since
15.01.2026 and has clean antecedents. It is also contended that
Patna High Court CR. MISC. No.26161 of 2026(2) dt.22-04-2026
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the petitioner is the father-in-law of the deceased and there is no
specific or direct allegation against him. The allegations levelled
are general and omnibus in nature. It is further submitted that
the deceased died in an accidental fire, and the family members
of the petitioner had made efforts to save her. It is also
submitted that they did not flee from the place of occurrence but
remained present at the spot, where they were subsequently met
by the informant and his family members after the incident.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Khajauli P.S. Case
No. 11 of 2026 subject to conditions that:-
i) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
Patna High Court CR. MISC. No.26161 of 2026(2) dt.22-04-2026
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of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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