Patna High Court
Subedar YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The bail petition was dismissed, and the accused was not granted bail.
Summary
Subedar Yadav, the husband of a deceased woman, was charged under Sections 304B, 201 and 34 of the Indian Penal Code for allegedly torturing and killing her over a dowry demand. He applied for bail, claiming the death was a suicide by poison and that he had not demanded dowry. The State opposed bail, emphasizing the specific allegation against the husband. The Patna High Court, noting that a key witness (the deceased's father) had already been examined and that the trial was underway, refused bail at this stage. The Court directed the trial court to expedite the proceedings and complete the trial within six months, allowing the petitioner to renew his bail application thereafter.
Issues considered
- Whether bail should be granted to the accused husband in a dowry death case under Sections 304B, 201 and 34 IPC
- Whether the claim of suicide and lack of dowry demand negates the presumption under Section 304B
- Whether the stage of trial and examination of witnesses justifies denial of bail
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- IPC
- Section 304B
- Section 201
- Section 34
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58006 of 2025
Arising Out of PS. Case No.-45 Year-2024 Thana- AZIMABAD District- Bhojpur
======================================================
Subedar Yadav S/o Late Vidha Yadav R/o Village - Milki Baga, P.S -
Azimabad, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 304B, 201 and 34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner along
with other co-accused persons are said to have tortured and
killed the sister of the informant due to non-fulfillment of dowry
demand.
4. The learned counsel for the petitioner submits
that the petitioner, who is the husband of the deceased, has not
indulged in any demand of dowry and torture rather she had
committed suicide by consuming poison. The petitioner is in
custody since 24.10.2025 and after charges having been framed
on 20.02.2025, no witness has been examined on behalf of the
prosecution.
5. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.58006 of 2025(4) dt.12-02-2026
2/2
bail on account of the fact that the petitioner is the husband of the
deceased and there is direct and specific allegation.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner, who is
primarily responsible for the welfare of his wife and also
considering the fact that after framing of charge on 20.02.2025,
trial has proceed and on 21.01.2026 one witness, who is father of
the deceased, has already been examined, as such, this Court is
not inclined to grant bail to the petitioner at this stage.
Accordingly, the prayer of the petitioner for bail is hereby
rejected in connection with Azimabad P.S. Case No.45 of 2024.
7. However, the learned Trial Court is directed to
proceed expeditiously in the matter without giving unnecessary
adjournments and preferably conclude the trial within a period
of six months, failing which the petitioner would be at liberty to
renew his prayer for bail.
(Soni Shrivastava, J)
anand/-
U T
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