Patna High Court
Gauri Kant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to a bond and sureties.
Summary
The petitioners—Gauri Kant Yadav, his wife Jalo Devi, and their daughter Pooja Kumari—applied for anticipatory bail after the police registered a case alleging dowry harassment and related offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The prosecution alleged that the petitioners, together with a co‑accused, tortured the informant for non‑payment of dowry. The petitioners contended they are innocent, have no involvement in the family affairs of the informant, and are victims of over‑implication. The State opposed the bail, arguing the seriousness of the charges. The Court examined the nature of the allegations, the petitioners' clean antecedent, and the scope of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, and consequently granted anticipatory bail subject to a bond and sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged dowry harassment.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5155 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
1. Gauri Kant Yadav Son of Late Nathuni Yadav Resident of Village -Rajuahi
PS- Ghoghardiha Distt -Madhubani
2. Jalo Devi Wife of Gauri Kant yadav Resident of Village -Rajuahi PS-
Ghoghardiha Distt -Madhubani
3. Pooja Kumari Daughter of Gauri Kant Yadav Resident of Village -Rajuahi
PS- Ghoghardiha Distt -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 85, 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of
the Dowry Prohibition Act.
3. Prosecution case, in brief, is that marriage of the
informant was solemnized with co-accused Shashikant Yadav.
Thereafter, it is alleged that these petitioners, along with co-
accused Shashikant Yadav tortured and harassed informant due
to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.5155 of 2026(2) dt.03-02-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law
and petitioner no. 3 is sister-in-law of the informant and they are
simply victims of over-implications. Allegation against
petitioners is general and omnibus. Petitioners are separate in
mess and property and they are not concerned with family
affairs of the informant. Moreover, thrust of accusation is
against husband of the informant. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-II, Jhanjharpur, Madhubani in connection with
Ghoghardiha P. S. Case No. 55 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Patna High Court CR. MISC. No.5155 of 2026(2) dt.03-02-2026
3/3
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…