Patna High Court
Mithlesh Yadav @ Mithlesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail is to be granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Mithlesh Yadav, sought bail fearing arrest in a dowry‑death case (FIR dated 15‑10‑2025) alleging his involvement in the torture and killing of the informant's sister. The FIR charges under Sections 103, 80(2), 238, 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act are directed at other accused, with no specific allegation against the petitioner. The petitioner’s counsel argued that he was the father‑in‑law of the deceased, lived separately, and had no role in demanding dowry, also noting the husband of the deceased was already in custody. The State opposed bail. The Court, noting the lack of specific incriminating material against the petitioner, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioner in the dowry‑death case given the absence of specific allegations against him.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 238, 3(5), 482(2), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Section 482
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42560 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Mithlesh Yadav @ Mithlesh Prasad S/O Bhagirath Singh Resident of Village-
Dhakna, P.S.- Nimchak Bathani, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Mr. Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Nimchak Bathani P.S. Case No.208 of 2025,
FIR dated 15.10.2025, registered for the offence punishable
under Sections 103, 80(2), 238, 3(5) of the Bharatiya Nyaya
Sanhita and 3, 4 of the Dowry Prohibition Act.
3. As per the FIR, the petitioner, in conspiracy with
other family members, is said to have tortured and killed the
sister of the informant on the pretext of non-fulfillment of
demand for dowry.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is submitted that the petitioner is the father-in-
Patna High Court CR. MISC. No.42560 of 2026(2) dt.01-07-2026
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law of the deceased and was living separately in mess and was
not residing with the deceased and her husband. It is further
submitted that the allegations are general and omnibus in nature
and there is no specific allegation against the petitioner either of
demanding dowry from the deceased or the informant at any
point of time. Learned counsel further submits that the husband
of the deceased has been in judicial custody since 21.02.2026.
Lastly, it is submitted that the petitioner has one criminal
antecedent.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case and taking into account that there is nothing specific
against this petitioner, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Gaya/Successor Court
in connection with Nimchak Bathani P.S. Case No.208 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
Patna High Court CR. MISC. No.42560 of 2026(2) dt.01-07-2026
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(i) One of the bailors should be the
family member/relative/known of the petitioner(s)
who shall provide official document/ personal
affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each
and every date before the Trial Court and failure to
do so for two consecutive dates without plausible
reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try
to induce or promise or threat the witnesses or
tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of
the bail bonds;
(iv) the petitioner(s) shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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