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Patna High Court

Rahul Yadav @ Rahul Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Rahul Yadav, was arrested in connection with the death of his wife, who died within seven years of marriage. The informant, the victim's mother, alleged dowry demands, torture, and that the death was caused by throttling, invoking the presumption against the husband under Sections 80 and 3(5) of the BNS, 2023. The petitioner argued he has a clean record, that the informant was not an eyewitness, and that the allegations are vague and unsubstantiated, seeking regular bail. The State contended that the statutory presumption in dowry death cases and the post‑mortem finding of asphyxia due to throttling justified denial of bail. After hearing both sides, the court found the evidence sufficient to keep the petitioner in custody and rejected the bail application.

Issues considered

  • Whether bail should be granted to the accused in a dowry‑death case under Sections 80 and 3(5) of the BNS, 2023.
  • Whether the statutory presumption against the husband in dowry‑death cases warrants denial of bail.
  • Whether the evidence presented, including the informant’s testimony and post‑mortem report, is sufficient to justify continued detention.

Legislation cited

Subjects

  • dowry death
  • bail
  • presumption
  • Section 80
  • Section 3(5)
  • asphyxia
  • throttling
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69805 of 2025
                      Arising Out of PS. Case No.-88 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Rahul Yadav @ Rahul Kumar Yadav S/o Ram Naressh Yadav R/o Village -
                 Laheji, P.S - Pachrukhi, M.H Nagar, District - Siwan
                                                                      ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Sunita Devi W/o Brij Kumar Yadav R/o - Bibi Ke Bangara, P.S - Barahariya,
                  District - Siwan
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Nath Dubey, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-02-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 80 and 3(5) of the BNS,

                   2023.

                                3. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is a person with clean

                   antecedent and is in custody since 13.05.2025 and the informant

                   alleges that her daughter was married to petitioner on

                   09.12.2023. It is further alleged that after marriage, the accused

                   persons including the petitioner started torturing her for dowry.

                   Further, the victim was also ousted from her matrimonial home
Patna High Court CR. MISC. No.69805 of 2025(3) dt.25-02-2026
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          but then on 18.01.2025 she was taken back from her parental

          home to her matrimonial home. Further, on 03.03.2025, the

          informant received an information from an unknown person that

          the victim is being assaulted, accordingly, the brother-in-law of

          the informant went to the house of the accused persons and

          made them understand and thereafter the situation normalized

          but, on 05.03.2025, the informant came to know that her

          daughter has been killed, accordingly, she reached the place of

          occurrence and saw the dead body of her daughter lying with

          mark of injury on her head, face and body.

                       4. Learned counsel for the petitioner submits that

          petitioner, being the husband, has been falsely implicated in the

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

          informant is not an eyewitness to the occurrence and the entire

          allegation hinges around suspicion. It is next submitted that as

          far as demand of dowry and torture is alleged, the same is

          general and omnibus in nature. It is also submitted that

          informant herself alleges that on 03.03.2025 she came to know

          that her daughter is being assaulted, accordingly, she sent her

          brother-in-law who came to the house of the victim and pacified

          the matter. It is further submitted that had the situation been

          serious on 03.03.2025 in that event the brother-in-law of the
Patna High Court CR. MISC. No.69805 of 2025(3) dt.25-02-2026
                                            3/4




          informant would have taken the victim back to her parental

          home but then that was not done which amply demonstrates that

          the dispute which had arisen was normal wear and tear of life.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          regular bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that what is not in dispute,

          rather stands admitted is that the deceased died within seven

          years of marriage and the presumption in law is against the

          husband of the deceased and his family members. It is further

          submitted that no doubt, informant is not an eyewitness to the

          occurrence but then her daughter died. It is next submitted that

          the FIR itself discloses that on 03.03.2025 the informant was

          informed by an unknown person that the victim is being

          tortured/assaulted by the accused persons based on which she

          sent her brother-in-law for pacifying the issue and it was only

          after the brother-in-law reached the place of occurrence that the

          issue was pacified. It is also submitted that it is not possible in

          all cases to bring back the girl to her parental home. It is further

          submitted that the dead body was sent for postmortem and the

          postmortem records the cause of death as asphyxia on account

          of throttling. It is, thus, submitted that the victim could not have
           Patna High Court CR. MISC. No.69805 of 2025(3) dt.25-02-2026
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                     throttled herself but then throttling was an act committed by the

                     accused persons and petitioner being the husband cannot evade

                     from the responsibility that his wife died in his house on

                     account of throttling.

                                  6. After hearing the learned counsel for the parties,

                     the Court is not inclined to release the petitioner on bail in

                     connection with Pachrukhi (M.H. Nagar) P.S. Case No. 88 of

                     2025 pending in the Court of learned Additional Chief Judicial

                     Magistrate, Siwan/Successor Court.

                                  7. Hence, the prayer for bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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