Patna High Court
Saheb Yadav @ Cheha Yadav @ Chahar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Saheb Yadav, sought bail after being in custody since July 19, 2025 for alleged involvement in a dowry death under Sections 80(2) and 3(5) of the BNS, 2023. The prosecution alleged that the petitioner, along with co‑accused, participated in the death of the informant's sister, while the defense argued that the allegations were fabricated and that the petitioner has a clean antecedent. The defense highlighted that the deceased's child died shortly after birth and that the sister's death was due to medical negligence, not foul play. The Additional Public Prosecutor opposed bail, but the court considered the circumstances and the petitioner's cooperation. Justice Rajesh Kumar Verma ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, imposing conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner accused of dowry death under Sections 80(2) and 3(5) of BNS, 2023
- Whether the allegations against the petitioner are false and fabricated
- Whether the petitioner poses a risk of tampering with evidence or fleeing
Legislation cited
- BNS, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Sections 80(2) BNS 2023
- Sections 3(5) BNS 2023
- criminal antecedent
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79598 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- Kanaria District- Saharsa
======================================================
Saheb Yadav @ Cheha Yadav @ Chahar Yadav S/o Late Tufan Yadav R/o
Village- Sukhasan, PS- Kaneria, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-01-2026 Heard Mr.Satyapal Singh, learned counsel for the
petitioner and Mr.Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
19.07.2025 in connection with S.Tr.No.317 of 2025 arising out
of Kaneria P.S. Case No. 26 of 2025, F.I.R. dated 17.05.2025
registered for the offence punishable under Sections 80(2)/3(5)
of BNS,2023.
3. Allegation against the petitioner is that she
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.79598 of 2025(5) dt.29-01-2026
2/3
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that the petitioner has been
made accused in the present case merely on the ground that he is
father-in-law of the deceased. Learned counsel for the petitioner
submits that it has come during investigation that the deceased
gave birth of a child and within 24 hours of his birth the child
was died. Thereafter, after complication of the sister of the
informant, she has been admitted in the hospital and due to
negligence of the Doctor she died. Learned counsel for the
petitioner submits that the husband of the deceased, who
happens to be the son of the petitioner, is in judicial custody
since 28.05.2025. The police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 19.07.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, 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 learned District and Additional
Sessions Judge-V, Saharsa in connection with S.Tr.No.317 of
Patna High Court CR. MISC. No.79598 of 2025(5) dt.29-01-2026
3/3
2025 arising out of Kaneria P.S. Case No. 26 of 2025, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
Checking your session…