Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
Shankar Yadav and Yashoda Devi, the father‑in‑law and mother‑in‑law of a deceased woman, were implicated in a dowry‑death case under sections 80(2), 108 and 3(5) of the B.N.S. The deceased was found dead in a well with her two infants after her husband had demanded dowry and threatened her family. The petitioners contended that they had no criminal antecedent, were falsely implicated, and had been in judicial custody since 19‑08‑2025. The State opposed their request for regular bail. After hearing both sides, the Court considered the lack of direct involvement and the petitioners’ custody status and decided to grant regular bail on the condition of a bond of Rs.10,000 each with two sureties. The order directs the Additional Sessions Judge‑IV, Banka to release the petitioners upon compliance with the bail conditions.
Issues considered
- Whether the father‑in‑law and mother‑in‑law can be granted regular bail in a dowry‑death case under sections 80(2), 108 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 108, 3(5), 80(2)
Subjects
- dowry death
- regular bail
- B.N.S.
- section 80(2)
- section 108
- section 3(5)
- criminal procedure
- family members
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4912 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- CHANDAN District- Banka
======================================================
1. Shankar Yadav Son of Late Dwarika Yadav R/o Village Biyahi, Police
Station -Chandan, District - Banka.
2. Yashoda Devi Wife of Shankar Yadav R/o Village - Biyahi, Police Station
-Chandan, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under sections 80(2), 108
and 3(5) of B.N.S.
3. The case of the prosecution is that the daughter of the
informant was married to one Chandan Kumar six years ago.
After some time of marriage, the daughter of the informant was
subjected to cruelty on account of non-fulfillment of demand. It
has further been submitted that on 09.06.2025, the husband of the
deceased called on the mobile number of the informant and
demanded dowry and also threatened to oust her daughter from
house. Ultimately, on 11.06.2025, the deceased was recovered
from a well with her two infants.
Patna High Court CR. MISC. No.4912 of 2026(2) dt.03-02-2026
2/2
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Petitioners are father-in-law and mother-in-law due to which they
have falsely been implicated in this case. Learned counsel has
further submitted that the husband of the deceased is already in
judicial custody. Police has submitted charge sheet under Section
108 of B.N.S. A statement has been made in para-3 of this petition
that the petitioners have got no criminal antecedent. Moreover,
they are languishing in judicial custody since 19.08.2025.
5. Learned APP appearing for the state has opposed the
prayer of regular bail.
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 released on bail in connection with
Chandan P.S. Case No. 60 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-IV, Banka.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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