Patna High Court
Chotu Kumar Yadav @ Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to monetary bond and specific conditions.
Summary
Chotu Kumar Yadav was arrested on 20 June 2025 in connection with a dowry‑harassment case that allegedly resulted in the death of the informant's daughter. The FIR, filed on 2 June 2025 under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleges that the petitioner beat the victim, who was later found dead. The petitioner’s counsel argued that the deceased died by suicide, citing the post‑mortem report, forensic report and witness statements, and contended that the FIR was lodged with an unjustified seven‑day delay to falsely implicate him. The prosecution opposed bail, asserting the seriousness of the offences. The court, after considering the lack of medical evidence of assault and the petitioner’s clean antecedent, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriateness of granting bail under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a dowry‑harassment homicide case?
- Does the delay in filing the FIR and the medical evidence indicating suicide affect the bail decision?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry harassment
- homicide
- suicide
- criminal procedure
- Bharatiya Nyay Sanhita
- Section 80
- Section 3(5)
- FIR delay
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76673 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Chotu Kumar Yadav @ Chhotu Yadav S/O Shakuni Yadav Resident of village
- Bhelay, P.S- Dhoraiya District -Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 10-03-2026 Heard Mr. Sudhir Kumar Mishra, learned counsel
for the petitioner as well as Ms. Renu Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.06.2025 in connection with Dhoraiya P.S. Case No. 179 of
2025, F.I.R. dated 02.06.2025 for the offences punishable under
Sections 80, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
daughter of the informant was subjected to harassment by the
petitioner and other accused persons continuously after marriage
due to non-fulfillment of demand of dowry. It is further alleged
that on 25.05.2025, the accused person beat her daughter and
left her dying.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.76673 of 2025(6) dt.10-03-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. It appears from the FIR
that date of the occurrence was on 25.05.2025 but the FIR was
lodge on 02.06.2025 i.e. after delay of about seven days without
giving any reason of delay after thought only to falsely
implicate the petitioner. Infact the deceased has committed
suicide herself by consuming poison and from bare perusal of
the post-mortem report it suggest that no any external or internal
injury was found on the body of the deceased and allegation
against the petitioner is not supported by the medical evidence
as well as FSL report and number of witnesses have stated that
the deceased has committed suicide herself by consuming
poison. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 20.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.-
Patna High Court CR. MISC. No.76673 of 2025(6) dt.10-03-2026
3/3
I, Banka in connection with Dhoraiya P.S. Case No. 179 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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