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Patna High Court

Umesh Yadav @ Umesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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