Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Security Act — s. 480(3)
- Indian Penal Code — s. 304, 304B
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
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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
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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
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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/-
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