Patna High Court
Dhanilal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to all petitioners, subject to bond and surety conditions, under Section 482(2) of the CrPC.
Summary
The petitioners, who are in‑laws of the deceased, were named in an FIR for a dowry‑death under Sections 304(b) and 34 of the IPC relating to the death of the informant’s married daughter. They contended that they lived separately from the deceased and her husband and had no involvement in the alleged dowry demand. The informant later filed a petition before the CJM retracting his earlier statement, claiming his daughter’s death was a suicide caused by mental imbalance, with no external injuries observed. The petitioners also asserted a clean antecedent. Considering these facts, the High Court directed that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners, though named in the FIR for a dowry‑death, are entitled to bail given their claim of non‑involvement and separate residence.
- Whether the informant’s retraction and the suicide narrative affect the necessity of continued detention.
- Whether the conditions under Section 482(2) of the CrPC justify granting bail in this case.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 304(b), 34
Subjects
- dowry death
- Section 304(b) IPC
- bail
- in‑laws
- retraction of statement
- suicide
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42825 of 2026
Arising Out of PS. Case No.-657 Year-2023 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Dhanilal Yadav S/o Motilal Yadav Resident of Village - Manikpur, PS -
Gopalganj, District - Gopalganj, State - Bihar
2. Maya Devi W/o Dhanilal Yadav Resident of Village - Manikpur, PS -
Gopalganj, District - Gopalganj, State - Bihar
3. Poonam Kumari @ Poonam Devi D/o Dhanilal Yadav Resident of Village -
Manikpur, PS - Gopalganj, District - Gopalganj, State - Bihar
4. Shri Bhagwan Yadav S/o Dhanilal Yadav Resident of Village - Manikpur, PS
- Gopalganj, District - Gopalganj, State - Bihar
5. Chandan Yadav @ Chandan Kumar S/o Dhanilal Yadav Resident of Village -
Manikpur, PS - Gopalganj, District - Gopalganj, State - Bihar
6. Bebiya Devi @ Bebi Devi W/o Prahlad Yadav Resident of Village - Sipaya
Khas, P.S - Sapahiya Khas, District - Gopalganj, State - Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anant Yadav @ Anwat Yadav S/o Bhuran Yadav Resident of Village -
Saraiyan Pipra, P.S - Govindganj, District - East Champaran, State - Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurabh Kumar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Gopalganj
Nagar P.S. Case No. 657 of 2023 registered for the
offences punishable under Sections 304(b), 34 of IPC.
3. The allegation against petitioners is to cause
Patna High Court CR. MISC. No.42825 of 2026(2) dt.07-07-2026
2/3
death of married daughter of informant alongwith co-
accused persons due to non fulfillment of demand of
dowry as raised for cash of Rs. 5 lakh and a motorcycle.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that petitioners are in-laws
living separately with deceased daughter of informant
and her husband and as such they have no connections
with their daily and domestic affairs. It is submitted that
the thrust of allegation is available against husband of
the deceased. It is further argued that during course of
investigation, the informant filed a petition before
learned CJM, Gopalganj, retracting his earlier statement
and stated thereof that out of mental imbalance his
daughter committed suicide. It is also submitted that
cause of death was due to hanging, where no external
injury was noticed upon dead body of the deceased
suggesting prima-facie that deceased was not assaulted
physically soon before the occurrence. Petitioners
claimed clean antecedent.
Patna High Court CR. MISC. No.42825 of 2026(2) dt.07-07-2026
3/3
5. Learned APP while opposing the prayer of
bail fairly conceded that petitioners are in-laws.
6. In view of aforesaid factual submission and
by taking note of fact as all petitioners are in-laws, who
claimed to living separately with deceased and her
husband, accordingly all above-named petitioners, in the
event of their arrest or surrender before the court below
within a period of four weeks, are directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned CJM, Gopalganj
/concerned Court, where the case is pending in
connection with Gopalganj Nagar P.S. Case No. 657 of
2023, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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