Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court inclined to enlarge the petitioners on bail.
Summary
Santosh Yadav and Premlata Devi, the father‑in‑law and mother‑in‑law of the deceased Amrita Kumari, were arrested in a dowry‑death case (Sections 80 and 3(5) of the B.N.S., 2023 and Sections 304B, 34 of the IPC). They pleaded innocence, asserting that the main allegation is against the husband and that they have no criminal antecedent, having been in judicial custody since 12‑02‑2026. The State opposed their bail, citing the seriousness of the offences. After hearing both sides, the Patna High Court found no compelling reason to deny bail and ordered that each petitioner be released on a bail bond of Rs.10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 80, 3(5) of the B.N.S., 2023 and Sections 304B, 34 of the IPC
- Whether the petitioners are likely to tamper with evidence or abscond
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act, 2023 — s. 3(5), 80
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- bail
- IPC 304B
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43507 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
1. Santosh Yadav S/o Late Vimal Yadav @ Vimal Kumar Yadav @ Dilip Yadav
Resident of village-Baburahi, P.S.- Sahebpur Kamal, District- Begusarai
2. Premlata Devi W/o Sri Santosh Yadav Resident of village-Baburahi, P.S.-
Sahebpur Kamal, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Sahebpur Kamal P.S. Case No. 38 of 2026 registered for
the offence punishable under Sections 80 and 3(5) of the B.N.S.,
2023 and Sections 304B, 34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that Amrita
Kumari (deceased) was married to one Sachin Kumar. It is alleged
that she was being subjected to cruelty on account of non-
fulfillment of the dowry demand of Five lakh rupees and she was
ultimately killed.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.43507 of 2026(2) dt.07-07-2026
2/2
committed no offence. They have been falsely implicated in this
case. He also submits that the nature of allegation is general and
omnibus. Petitioners are father-in-law and mother-in-law of the
deceased. The main thrust of allegation is against the husband. He
further submits that a statement has been made in para 3 of the
petition that petitioners have no criminal antecedent and they are
languishing in judicial custody since 12.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-IV, Begusarai in connection with Sahebpur Kamal P.S.
Case No. 38 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.