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Patna High Court

Bikash Kumar Yadav @ Bikash Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the petitioner’s release on bail subject to conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Bikash Kumar Yadav, was arrested in connection with a dowry‑death case (Sanjhauli P.S. Case No.148 of 2025) alleged under Section 80(2) read with Section 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the D.P. Act. The prosecution alleged that, because of non‑fulfilment of dowry demands, the petitioner and co‑accused killed the informant’s daughter, who was the petitioner’s sister‑in‑law. The petitioner contended that the allegation was false, asserting that the deceased had committed suicide by hanging and that no dowry demand or torture had been reported prior to the FIR; he also highlighted his clean antecedents and the lack of material against him. The State and the informant’s counsel opposed bail, insisting on the seriousness of the dowry‑death charge. After considering the relationship of the petitioner to the deceased, the period of custody, and the submission of the charge‑sheet, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated requirements.

Issues considered

  • Whether bail can be granted to an accused in a dowry‑death case under Section 80(2) read with Section 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the D.P. Act.
  • Whether the evidence on record justifies denial of bail in the present case.
  • Whether Section 480(3) of the B.N.S.S. is applicable in imposing bail conditions.

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 80
  • Section 3(5)
  • D.P. Act
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4232 of 2026
                       Arising Out of PS. Case No.-148 Year-2025 Thana- SANJHOLI District- Rohtas
                 ======================================================
                 Bikash Kumar Yadav @ Bikash Kumar @ Vikash Kumar Son of Jaymangal
                 Singh, Resident of Village- Bensagar (Khutaha), P.S.- Sanjhauli, District-
                 Rohtas.
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Nagendra Upadhyay, Advocate
                 For the State             :       Mr. Binod Kumar, APP
                 For the Informant         :       Mr. Dhaneshwar Pd. Gupta, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                        Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Sanjhauli P.S. Case No. 148 of 2025 dated

                   31.07.2025, registered for the offences punishable under Section

                   80(2) read with Section 3(5) of the B.N.S., 2023 and Sections 3

                   and 4 of the D.P. Act.

                                      3. As per the prosecution case, on account of non-

                   fulfillment of dowry demand, the daughter of the informant was

                   done to death by the petitioner and other co-accused persons. The

                   petitioner is brother-in-law of the deceased.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. The petitioner lives separately
Patna High Court CR. MISC. No.4232 of 2026(2) dt.28-01-2026
                                            2/3




          from the deceased and her husband, and has no concern with the

          affairs of the deceased or her husband. The allegation levelled

          against the petitioner is false and concocted. The true fact of the

          case is that some altercation took place between the deceased and

          her husband and the deceased committed suicide by hanging

          herself. Prior to lodging of the FIR, no complaint was made

          regarding any dowry demand or torturing the deceased. The post-

          mortem report shows that the death was caused due to asphyxia

          due to hanging and it shows the deceased committed suicide. Even

          though no cogent material has come up against the petitioner, the

          police submitted chargesheet agaisnt him. Learned counsel next

          submits that petitioner is having clean antecedent and chargesheet

          has been submitted. Learned counsel lastly submits that petitioner

          is in custody since 01.08.2025.

                          5. Learned A.P.P. appearing on behalf of the State as

          well as the learned counsel for the informant oppose the

          submissions made on behalf of the petitioner. Learned counsel for

          the informant submits that there is specific allegation against the

          petitioner and other co-accused persons who used to torture the

          daughter of the informant and further used to stop her meals and

          ultimately they killed her on account of non-fulfillment of their

          demand of dowry.

                          6. Having regard to the facts and circumstances and
          Patna High Court CR. MISC. No.4232 of 2026(2) dt.28-01-2026
                                                      3/3




                    submissions made on behalf of the parties and considering the

                    relationship of the petitioner with the deceased and also

                    considering his period of custody and submission of chargesheet,

                    the petitioner, above-named, is directed to be released on bail, on

                    furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only)

                    with two sureties of the like amount each to the satisfaction of

                    learned Additional Chief Judicial Magistrate-I, Bikramganj,

                    Rohtas / concerned Court, in connection with Sanjhauli P.S. Case

                    No. 148 of 2025, subject to the condition laid down under Section

                    480(3) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates or

                    in violation of the terms of the bail, the bail bond of the petitioner

                    will be liable to be cancelled by the Court concerned.



                                                         (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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