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Patna High Court

Gauri Kant YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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