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Patna High Court

Vikash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond, sureties and conditions, despite the serious nature of the charges.

Summary

The petitioner, Vikash Yadav, sought bail in a case registered under Sections 304 and 304B of the Indian Penal Code for the alleged murder of his wife by pushing her onto a gas stove. He claimed the incident was an accidental fire, that the FIR was lodged late, and that the matter had been settled with the informant, who later withdrew the complaint. The State argued that the death qualified as a dowry death under Section 304B and opposed bail. The court considered the delay in filing the FIR, the existence of a compromise petition, the petitioner’s clean antecedents, and the fact that a chargesheet had already been filed. Weighing these factors, the court granted bail subject to a bond, sureties, and conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether bail should be granted in a case involving alleged murder and dowry death under Sections 304 and 304B IPC
  • Whether the delay in lodging the FIR and the existence of a compromise affect the bail decision
  • Whether the petitioner’s claim of accidental death and clean antecedents warrant release on bail

Legislation cited

Subjects

  • bail
  • IPC 304
  • IPC 304B
  • dowry death
  • compromise petition
  • delay in FIR
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.62579 of 2025
                           Arising Out of PS. Case No.-55 Year-2024 Thana- KARPI District- Arwal
                  ======================================================
                  Vikash Yadav S/o Lala Singh @ Lala Yadav, R/o Village - Devki Bigha, P.S -
                  Karpi, District - Arwal.

                                                                                       ... ... Petitioner
                                                         Versus

            1.    The State of Bihar.
            2.    Shyam Kishor Yadav S/o Chatargun Yadav, R/o Village - Dumara, P.S -
                  Haspura, District – Aurangabad.

                                                          ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner        :       Mr. Arvind Prasad Singh, Advocate
                  For the State             :       Mr. Umanath Mishra, APP
                  For the OP No. 2          :       Mr. Ajay Kr. Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

13   17-06-2026                        Heard learned counsel for the petitioner, learned

                    A.P.P. for the State and the learned counsel for the informant /

                    opposite party no. 2.

                                       2. In the present case, the petitioner seeks bail in

                    connection with Karpi P.S. Case No. 55 of 2024 dated

                    26.02.2024, registered for the offences punishable under

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

                                       3. As per the prosecution case, niece of the

                    informant was married with the petitioner and allegation against

                    the petitioner is that after some altercation he pushed his wife

                    upon the gas stove. The niece of the informant received burn

                    injuries and subsequently died.
Patna High Court CR. MISC. No.62579 of 2025(13) dt.17-06-2026
                                            2/4




                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. The occurrence is stated to

          have taken place on 08.01.2024 but the fardbeyan was recorded

          in this case on 24.02.2024 when the wife of the petitioner died.

          It was a case of accidental fire and the petitioner got his wife

          treated and for this reason no FIR was lodged when the

          occurrence is stated to have taken place. The wife of the

          petitioner was in constant touch with her mother but she did not

          say anything against the petitioner at that time and therefore no

          case was lodged prior to the death of the wife of the petitioner.

          In fact, informant and his family members demanded money

          from the petitioner and threatened him with implication in false

          case. Now, the matter has already been compromised between

          the parties and a compromise petition has been filed before the

          learned trial Court. Learned counsel next submits that petitioner

          is having clean antecedent and chargesheet has been submitted.

          Learned counsel lastly submits that petitioner is in custody since

          29.05.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          as well as learned counsel for the informant/opposite party no. 2

          oppose the submissions made on behalf of the petitioner.
Patna High Court CR. MISC. No.62579 of 2025(13) dt.17-06-2026
                                            3/4




          Learned APP submits that it is a case of dowry death as the

          death has taken place within seven years of marriage. Learned

          counsel for the informant submits that informant does not want

          to pursue the matter and has arrived at a settlement with the

          petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          delay in lodging of the FIR and also considering the submission

          of chargesheet and petitioner’s period of custody, the petitioner,

          above-named, is directed to be released on bail, on furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Arwal / concerned Court, in

          connection with Karpi P.S. Case No. 55 of 2024, subject to the

          condition laid down under Section 480(3) of the B.N.S.S. and

          other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and

          every date fixed by the court below, if so required by the learned

          trial Court.

                          (iii) In case of absence on three consecutive dates
          Patna High Court CR. MISC. No.62579 of 2025(13) dt.17-06-2026
                                                      4/4




                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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