Patna High Court

Bablu YadavversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Bablu Yadav, was arrested in connection with a dowry death case where he is alleged to have tortured and killed his wife, the deceased, under Sections 341, 323, 504, 506, 498A of the IPC and Sections 3 and 4 of the Domestic Violence Act, with Sections 304B/34 later added. The petitioner contended that he was falsely implicated, had no specific overt act attributed to him, and possessed no prior criminal record. The State opposed bail, arguing that as the husband of the deceased, the presumption of involvement in a dowry death applied and he should not be released. The Court, considering the seriousness of the offences and the petitioner’s relationship to the victim, refused to grant bail, directing the trial court to expedite the trial and allowing the petitioner to re‑apply for bail after six months if the trial remains pending. The order emphasizes the court’s discretion to deny bail in cases involving dowry death where the accused is the spouse of the victim.

Issues considered

Whether bail should be granted to the accused husband in a dowry death case under IPC Sections 304B and related offences.
Whether the presumption of involvement applicable to a husband in a dowry death case outweighs the petitioner's claim of false implication and lack of antecedents.

Legislation cited

Domestic Violence Act — s. 3, 4
Indian Penal Code — s. 304, 323, 34, 341, 498, 504, 506

Subjects

bail
dowry death
IPC 304B
Domestic Violence Act
husband
criminal procedure
presumption of guilt

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83280 of 2025
                      Arising Out of PS. Case No.-62 Year-2024 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Bablu Yadav S/O Dinesh Yadav R/O Village-Theghawa, P.S-Feshar, District-
                 Aurangabad (Bihar).
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Feshar

                   P.S. Case No. 62 of 2024 instituted for the offences under

                   Sections 341, 323, 504, 506, 498A of the Indian Penal Code and

                   Section 3/ 4 of the D.P. Act and later on Sections 304B/34 of the

                   Indian Penal Code was added.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the husband of the deceased. Learned counsel for

                   the petitioner submits that general and omnibus allegation has
           Patna High Court CR. MISC. No.83280 of 2025(3) dt.09-02-2026
                                                       2/2




                     been made against the petitioner. No specific overt act is alleged

                     against the petitioner. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 27.01.2025 and

                     has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner since the

                     petitioner is the husband of the deceased, the onus lies upon him

                     in this case of dowry death and therefore, the petitioner does not

                     deserve to be released on bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also the petitioner being the husband of the

                     deceased, this Court is not inclined to grant bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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