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Patna High Court

Saheb Yadav @ Cheha Yadav @ Chahar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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