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Patna High Court

Subedar YadavversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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