Patna High Court
Bijendra Yadav @ Bijendra Singh @ Vijindra Yadav @ Vijendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
Bijendra Yadav, husband of a deceased woman, was arrested in connection with a dowry‑related death and charged under IPC sections 364, 306, 201 and 34. He filed a bail petition, claiming innocence and arguing that the FIR contains only a generic allegation against all accused without specific acts attributed to him. The State opposed bail, citing the seriousness of the offences, the petitioner’s marital relationship with the victim, and his other pending criminal cases. The Court examined the material on record and, considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case involving IPC sections 364, 306, 201 and 34.
- Whether the presence of other pending criminal cases and the seriousness of the alleged offences preclude bail.
Legislation cited
- Indian Penal Code — s. 201, 306, 34, 364
Subjects
- bail
- dowry death
- IPC
- Section 306
- Section 201
- Section 34
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78554 of 2025
Arising Out of PS. Case No.-77 Year-2020 Thana- BAKHTIYARPUR District- Patna
======================================================
Bijendra Yadav @ Bijendra Singh @ Vijindra Yadav @ Vijendra Yadav S/o
Nagina Yadav @ Nagina Singh R/o Village - Mogalpura, P.s.- Bakhtiyarpur,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-01-2026 Heard Mr. Durgesh Nandan, learned counsel for the
petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
25.06.2025, in connection with Bakhtiyarpur P.S. Case No. 77 of
2020, F.I.R. dated 09.03.2020 registered for the offences
punishable under Section 364 of the Indian Penal Code and later
on Sections 306, 201/34 of the Indian Penal Code was added.
3. Petitioner is the husband of the deceased. Allegation
against the petitioner is that he along with other co-accused
persons have killed the deceased due to non-fulfillment of demand
of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.78554 of 2025(4) dt.30-01-2026
2/3
committed any offence as alleged in the F.I.R. Although the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that there is no specific allegation of any assault or overt
act attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. He further submits that initially the case was instituted
under Section 364 of the Indian Penal Code but subsequently the
same was converted into under Sections 306, 201/34 of the Indian
Penal Code and the police has filed the chargesheet under the
aforesaid Sections. He further submits that the police after
investigation submitted chargesheet against the petitioner and the
petitioner is in custody since 25.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner is the husband of the deceased and
there is sufficient material against the petitioner in the case diary
and apart from aforesaid the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in one
case and another case is pending for consideration before the
competent court of law.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
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bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M. Barh, Patna in connection with Bakhtiyarpur P.S. Case
No. 77 of 2020, subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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