Patna High Court
Ghanshyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond and two sureties, with the condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.
Summary
The petitioner, Ghanshyam Yadav, sought bail in a case registered under Sections 304B and 34 of the Indian Penal Code for alleged involvement in the dowry‑related death of his sister‑in‑law. The informant alleged that the petitioner and others demanded dowry, tortured the victim, and set her ablaze, leading to her death after hospitalization. The petitioner argued he had a clean antecedent, was not an eye‑witness, and that his brother‑in‑law (the victim's husband) had previously been granted bail in a related matter. The State opposed bail. The court, noting the earlier bail order for the husband and the lack of direct evidence against the petitioner, directed that he be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to cancellation if he attempts to delay the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case of alleged dowry death under IPC Sections 304B and 34
- Whether the prior bail granted to the victim's husband influences the bail decision for the petitioner
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50248 of 2025
Arising Out of PS. Case No.-351 Year-2019 Thana- SONO District- Jamui
======================================================
Ghanshyam Yadav Son of Madhusudan Yadav Resident of Village- Bhelwa
Mohanpur, P.S.- Sono, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Sumiran Rai
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 304(B0/ 34 of the Indian
Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that his daughter was married to Bhagirath
Yadav about four years ago and after marriage, the accused
persons including the petitioner were demanding dowry and
were torturing her. Further, on 18.11.20219 at 8.00 P.M., the
accused persons including the petitioner assaulted her daughter
and sprinkling kerosene oil and set her ablaze, on which she got
badly injured and thereafter she was taken to a private hospital
Patna High Court CR. MISC. No.50248 of 2025(3) dt.09-01-2026
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at Jamui and from there she was referred to PMCH Patna where
during the course of treatment she died.
4. The learned counsel for the petitioner submits that
petitioner is in custody since 21.05.2025. It is next submitted
that husband of the petitioner had approached this Court seeking
regular bail by filing Cr. Misc. No.21141 of 2022 and the same
was allowed by an order dated 06.01.2023 as the husband was
in custody since 20.07.2021. It is next submitted that petitioner
is brother in-law of the deceased and informant is not an eye
witness. It is further submitted that it was husband who had
taken the deceased to the hospital for treatment where she died
after nearly seven days of the occurrence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submission and taking into
consideration the order dated 06.01.2023 in Cr. Misc. No.21141
of 2022, the petitioner, above-named, is directed to be released
on bail on his furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court below where the case is
pending/successor Court in connection with Sono P. S. Case
No.351 of 2019.
7. The application stands allowed.
Patna High Court CR. MISC. No.50248 of 2025(3) dt.09-01-2026
3/3
8. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying the delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner after
recording reasons.
(Satyavrat Verma, J)
vikash/-
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