Patna High Court
Sanjay Yadav @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to the conditions laid down under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Petitioners Sanjay Yadav and Bijen Yadav applied for anticipatory bail fearing arrest in a dowry‑death case (Madhepura O.P. P.S. Case No. 645 of 2025) in which the prosecution alleged that the deceased, Rupak Kumari, was killed by her in‑laws for non‑payment of dowry. The State contended that the petitioners were implicated, while the petitioners argued that they are innocent brothers‑in‑law who live separately and that the FIR contains only vague, omnibus allegations against them. The Court examined the nature of the allegations, the lack of specific evidence linking the petitioners to the offence, and the statutory provisions governing anticipatory bail. Considering the principles of liberty and the absence of a prima facie case, the Court decided to grant anticipatory bail subject to strict conditions. The petitioners were ordered to surrender within four weeks and to furnish a bail bond of Rs 10,000 each with two sureties, complying with the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in the dowry‑death case under the applicable provisions.
- Whether the FIR contains specific allegations sufficient to deny anticipatory bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS justify the grant of bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Section 438 Cr.P.C.
- Section 482 BNSS
- bail conditions
- FIR
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4074 of 2026
Arising Out of PS. Case No.-645 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
1. Sanjay Yadav @ Sanjay Kumar Son of Late Shivo Yadav Resident of village
- Chiknotwa, Ward No.- 06, P.S.- Madhepura (Ghailarh O.P.), District -
Madhepura.
2. Bijen Yadav @ Bijendra Yadav Son of Late Shivo Yadav Resident of village
- Chiknotwa, Ward No.- 06, P.S.- Madhepura (Ghailarh O.P.), District -
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Barun Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Madhepura (Ghailarh) O.P.) P.S. Case no. 645
of 2025 instituted for the offence under Sections 80 (2), 238
and 3(5) of the BNS.
3. The case of the prosecution is that Rupak Kumari
was married to one Manjay Kumar Yadav. It is alleged that she
was subjected to cruelty on account of non-fulfillment of
demand of dowry of Rs. 2,00,000/- and a bike. It is further
alleged that she was killed by her in-laws.
4. Learned counsel for the petitioners has submitted
that petitioners are innocent and have falsely been implicated in
Patna High Court CR. MISC. No.4074 of 2026(2) dt.09-02-2026
2/2
connection with the present case. It is further submitted that the
petitioners are bother-in-law of the deceased and were living
separately in mess and business. It is contended that from
perusal of the FIR, it is clear that there is general and omnibus
allegation against them.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Madhepura (Ghailarh) O.P.)
P.S. Case no. 645 of 2025, they will be enlarged on 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
learned Chief Judicial Magistrate, Madhepura, subject to the
conditions as laid down under section 438(2) of the Cr.P.C/
Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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