Patna High Court

Bablu YadavversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court held that bail could not be granted and dismissed the petition for regular bail.

Summary

The petitioner, Bablu Yadav, applied for regular bail in a case registered under Sections 147, 304(B) and 316 of the Indian Penal Code, alleging that he was falsely implicated in the death of his wife. The prosecution argued that the death occurred within seven years of marriage, invoking a statutory presumption against the husband and contending that the husband created conditions leading to the victim's suicide. The petitioner claimed a clean antecedent, questioned the informant's credibility, and asserted that the post‑mortem report indicated death by hanging, suggesting suicide. The State’s counsel emphasized that even if suicide occurred, the husband’s alleged conduct contributed to it. After considering the submissions, the court declined to grant bail, rejecting the petition.

Issues considered

Whether bail should be granted in a case involving alleged dowry death and alleged suicide under Sections 147, 304(B) and 316 IPC
Whether the statutory presumption against the husband applies in this circumstance
Whether the informant’s testimony and post‑mortem findings are sufficient to deny bail

Legislation cited

Indian Penal Code — s. 147, 304(B), 316

Subjects

bail
IPC
Section 147
Section 304B
Section 316
dowry death
suicide
presumption against husband
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54212 of 2025
                        Arising Out of PS. Case No.-115 Year-2024 Thana- JHAJHA District- Jamui
                 ======================================================
                 Bablu Yadav S/o Prameshwar Yadav Resident of Village- Karhar, P.S.- Jhajha,
                 District- Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Niranjan Parihar
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in Jhajha P. S. Case No.

                   115 of 2024 registered for the offences punishable under

                   Sections 147, 304(B) and 316 of the of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is in custody

                   since 26.10.2024 and the informant alleges that the victim was

                   married to the petitioner about 03 years back and out of the

                   wedlock, a female child was born. Further, after the birth of the

                   female child, the accused persons including the petitioner

                   started abusing and assaulting the victim and on 15.03.2024, the

                   petitioner along with other accused persons in an intoxicated

                   condition brutally assaulted the victim killing her when she was
Patna High Court CR. MISC. No.54212 of 2025(3) dt.24-02-2026
                                            2/3




          in last month of her pregnancy.

                       4. The learned counsel for the petitioner submits that

          petitioner, being husband, has been falsely implicated in the

          instant case by the informant. It is further submitted that from

          perusal of the allegation as alleged in the F.I.R., it would

          manifest that informant is not an eye witness to the occurrence.

          It is also submitted that the entire allegation hinges around

          suspicion and the dead body was sent for post mortem and the

          same recorded cause of death as asphyxia on account of

          hanging, as such, the victim committed suicide.

                       5. Learned A.P.P. vehemently opposes the bail

          application and submits that the death took place within seven

          years of marriage, as such, presumption in law is against the

          petitioner. It is also submitted that it is the duty of the husband

          to ensure well-being of his wife. It is next submitted that no

          doubt, the post mortem records the cause of death as asphyxia

          on account of hanging, but then, even if the victim committed

          suicide, it was the petitioner, being husband, who created

          conditions conducive for the victim to take the extreme steps of

          ending her life.

                       6. Considering the submissions made by the learned

          A.P.P., the Court is not inclined to release the petitioner on bail.
               Patna High Court CR. MISC. No.54212 of 2025(3) dt.24-02-2026
                                                           3/3




                                      7. The prayer of the petitioner for regular bail stands

                         rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T

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