Patna High Court
Jitendra Kumar Yadav @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Jitendra Kumar Yadav, applied for anticipatory bail in a dowry death case (PS Case No. 244 of 2025) where he is alleged to have participated in the torture, attempted abortion, and murder of his sister-in-law. The prosecution alleges that the petitioner, as the husband of the deceased, was directly involved in the killing, which is supported by a post‑mortem report showing multiple injuries. The petitioner contended his innocence, clean antecedent, and sought relief from arrest. The State opposed the bail, emphasizing the serious nature of the accusations and the evidentiary material. The Court, after considering the gravity of the charges under Sections 103(1), 80(1), 89 and 90 of the Bharatiya Nyaya Sanhita, refused the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the serious allegations of dowry death.
- Whether the nature of the accusations and the post‑mortem findings justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 80(1), 89, 90
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 103
- Section 80
- Section 89
- Section 90
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.743 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Jitendra Kumar Yadav @ Jitendra Kumar S/O Late Shyamlal Yadav @
Shyamlal Rai @ Shyam Lal R/O Vill.- Gadhwa Khajuriya (Talwa Pokhar),
P.S.- Kotwa, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kotwa P. S. Case
No. 244 of 2025 registered for the offences punishable under
Sections 103(1), 80(1), 89, 90 of the Bharatiya Nyaya Sanhita.
3. It is a case of dowry death. As per prosecution case
marriage of the sister of informant was solemnized with this
petitioner in the year 2019 and thereafter, it is alleged that, all
the F.I.R. named accused persons, including this petitioner,
tortured and harassed her due to non-fulfillment of demand of
dowry. It is further alleged that the accused persons also tried to
abort pregnancy of the deceased and when she resisted, they
killed her by pressing her neck.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.743 of 2026(2) dt.10-02-2026
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petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is husband of
the deceased and there is direct and specific accusation that he
along with other accused persons killed the deceased and post-
mortem report also indicates multiple injuries on the person of
deceased.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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