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Patna High Court

Dhanilal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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