Patna High Court
Umesh Yadav @ Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners on the condition of a bond, sureties, and compliance with stipulated conditions.
Summary
The petitioners, Umesh Yadav and Ram Sakhiya Devi, father‑in‑law and mother‑in‑law of the deceased, were arrested in connection with a dowry death alleged under Sections 3(5) and 103(1) of the Bharatiya Nyaya Sanhita, 2023. They applied for bail, contending that the FIR contains only a generic allegation against all accused and that there is no specific charge of assault, overt act, or dowry demand against them. The State opposed the bail. The Court noted the petitioners' clean antecedent and the lack of specific allegations in the FIR, and consequently ordered their release on bail subject to a Rs.10,000 bond, two sureties, and conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents but prohibited delay in granting bail pending such verification. The petition for bail was therefore allowed.
Issues considered
- Whether the petitioners are entitled to bail despite being accused of dowry death under the Bharatiya Nyaya Sanhita.
- Whether the FIR contains specific allegations against the petitioners sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- dowry death
- bail
- Bharatiya Nyaya Sanhita
- Section 3(5)
- Section 103(1)
- clean antecedent
- family relations
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37463 of 2026
Arising Out of PS. Case No.-784 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Umesh Yadav @ Umesh Singh S/O Late Yadunandan Ray @ Late
Devnandan Ray R/O Simri Nawada, Simli, P.S.- Bihta, Distt.- Patna.
2. Ram Sakhiya Devi @ Sita Devi @ Rita Devi W/O Umesh Yadav @ Umesh
Singh R/O Simri Nawada, Simli, P.S.- Bihta, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Ravi Bhardwaj, learned counsel for the
petitioners and Ms. Indu Kumari Srivastava, the learned A.P.P.
for the State.
2. The petitioners seek bail, who are in custody since
03.01.2026 in connection with Bihta P.S.Case No.784 of 2025,
F.I.R. dated 12.10.2025 registered for the offence punishable
under Sections 3(5), 103(1) of the Bharatiya Nyaya Sanhita,
2023.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.37463 of 2026(2) dt.17-06-2026
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submits that the petitioners have clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. It appears from the FIR itself that there is no specific
allegation of any assault, overt-act or demand of dowry
attributed against the petitioners rather there is general and
omnibus allegation against all the accused persons including the
petitioners. Petitioners have been made accused in the present
case merely on the ground that the petitioners are in-laws of the
deceased. Petitioner No.1 is father-in-law, petitioner No.2 is
mother-in-law of the deceased and the husband of the deceased
namely, Pramod Kumar is in judicial custody since 14.10.2025
and the police, after investigation, submitted charge-sheet
against the petitioner and the petitioner is in custody since
03.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault,
overt-act or demand of dowry attributed against the petitioners
in the FIR, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with
Patna High Court CR. MISC. No.37463 of 2026(2) dt.17-06-2026
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two sureties of the like amount each to the satisfaction of
learned ACJM-II, Danapur in connection with Bihta P.S.Case
No.784 of 2025, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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