Patna High Court
Dinesh Yadav @ Manjit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Dinesh Yadav, was named in an FIR for the alleged murder of an informant's sister over a dowry demand, charged under Sections 80, 238 and 3(5) of the Bhartiya Nyay Sanhita. He contended that he is the elder brother‑in‑law (bhaisur) and lived separately from the victim, asserting a clean antecedent and that the body was found in an open place. The State opposed his request for anticipatory bail. The court considered the nature of the offence, the petitioner’s relationship to the victim, and his clean record. It directed that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in a case involving murder charges under the Bhartiya Nyay Sanhita
- Whether the petitioner’s clean antecedent and relationship as a brother‑in‑law justify the grant of bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 238, 3(5), 80
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- murder
- clean antecedent
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79117 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- SARSI District- Purnia
======================================================
Dinesh Yadav @ Manjit Yadav Son of Late Jhari Yadav R/o Village-
RAhariya, Ward No. 12, P.S.- Bhargama, District- Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Praveen, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Sarsi P.S. Case
No. 16 of 2025 registered for the offences punishable under
Sections 80, 238 & 3(5) of the Bhartiya Nyay Sanhita, 2023
(in short, the ‘B.N.S.’).
3. As per FIR, petitioner alleged to commit murder of
sister of the informant alongwith other co-accused
persons/family members due to non-fulfillment of demand of
dowry.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is the elder brother-in-law
Patna High Court CR. MISC. No.79117 of 2025(3) dt.20-02-2026
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(Bhaisur), who is living separately much prior to the marriage
of sister of the informant with his brother. It is submitted that
the dead body was found in an open place in district – Purnea.
It is also submitted that to implicate the entire family
members and other relatives, this false implication was
raised. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as petitioner is the elder brother-in-law
(Bhaisur), where the dead body appears to be recovered from
an open place, coupled with the fact that petitioner is a man
of clean antecedent, accordingly, above-named petitioner, in
the event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate - 1st Class, Purnea/concerned court
in connection with Sarsi P.S. Case No. 16 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.79117 of 2025(3) dt.20-02-2026
3/3
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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