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Patna High Court

Vijay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

Vijay Yadav and Dewanti Devi, the father‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail fearing arrest in PS Islampur case No. 95 of 2026, which alleges they assaulted and threatened the informant’s daughter after her marriage to a co‑accused. The petitioners contend that there is no eye‑witness, the husband of the deceased is already in judicial custody, and the charge‑sheet under Sections 127(6), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita lacks basis. The State opposed the bail on the ground of serious offences. The court examined the material, noted the absence of substantive evidence, and exercised its inherent powers under Section 482(2) to grant anticipatory bail. The bail was conditioned on surrender within six weeks, a bail‑bond of Rs 10,000 with two sureties, and compliance with the stipulated conditions. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the allegations under Sections 127(6), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita.
  • Whether the lack of eye‑witnesses and the custody of the husband of the deceased justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • Bhartiya Nyaya Sanhita
  • assault
  • threat to kill
  • lack of evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34664 of 2026
                      Arising Out of PS. Case No.-95 Year-2026 Thana- ISLAMPUR District- Nalanda
                 ======================================================
           1.     Vijay Yadav S/o Late Ramashish Yadav R/o Village- Chulhan Bigha, PS-
                  Islampur, District- Nalanda
           2.    Dewanti Devi W/o Vijay Yadav R/o Village- Chulhan Bigha, PS- Islampur,
                 District- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in a

                   case in connection with Islampur P.S. Case No. 95 of 2026 dated

                   13.03.2026 registered for the offences punishable under Section

                   127(6), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per the allegation, informant’s daughter

                   solemnized marriage with co-accused Antesh Kumar and after

                   marriage, petitioners along with co-accused persons assaulted

                   his daughter and gave threatening to kill her. Thereafter, these

                   petitioners and husband of the informant’s daughter took his

                   daughter to hospital on the pretext of treatment, but she did not
Patna High Court CR. MISC. No.34664 of 2026(2) dt.19-05-2026
                                            2/3




          return.

                       4. Learned counsel for the petitioners have submitted

          that petitioner Nos. 1 and 2 happens to be the father-in-law and

          mother-in-law respectively of the deceased and there is general

          and omnibus allegation against them. It has further been

          submitted that the husband of the deceased is in judicial custody

          and the said fact has been stated in paragraph No. 17 of

          anticipatory bail application. It has further been submitted the

          there is no eye-witness to the alleged occurrence and the charge-

          sheet has been submitted 238, 103(1), 3(5) of B.N.S. without

          any basis.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Heard the parties and perused the record.

                       7. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioners, in the event of their

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees Ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned court

          concerned, Hilsa, Nalanda in connection with Islampur P.S.

          Case No. 95 of 2026, subject to conditions as laid down under
           Patna High Court CR. MISC. No.34664 of 2026(2) dt.19-05-2026
                                                       3/3




                     section 482(2) of the B.N.S.S.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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