Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no material to justify continued detention.
Summary
The petitioner, Pappu Yadav, applied for regular bail in a criminal case (PS‑464/2024) alleging offences under sections 85, 108 and 3(5) of the BNS Act. The prosecution alleged that the petitioner’s wife, married to him for fifteen years, was subjected to dowry cruelty and that she and her one‑and‑a‑half‑year‑old child were found dead in Nagi Dam, suggesting possible abetment of suicide. The petitioner’s counsel contended that the deceased had voluntarily committed suicide, that the marriage pre‑dated the applicability of Section 80 of the BNS, and that there was no material linking the petitioner to the alleged abetment, also highlighting his clean criminal record and his custody since 14‑10‑2024. The State’s counsel opposed the bail. After hearing both sides, the court found insufficient material to justify continued detention and ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 85, 108 and 3(5) of the BNS Act.
- Whether Section 80 of the BNS Act is attracted given the fifteen‑year marriage.
- Whether there is sufficient evidence to constitute abetment of suicide against the petitioner.
Legislation cited
- BNS — s. 108, 3(5), 80, 85
Subjects
- regular bail
- abatement of suicide
- dowry cruelty
- BNS Act
- Section 85
- Section 108
- Section 3(5)
- Section 80
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8336 of 2026
Arising Out of PS. Case No.-464 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Pappu Yadav S/o- Satyanarayan Kumar @ Satyanarayan Yadav Resident of
village- Karma Tola Karma PS- Jhajha Distt-Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 85, 108
and 3(5) of BNS.
3. The case of the prosecution is that the deceased
was married to this petitioner fifteen years ago. It is alleged
that she was subjected to cruelty on account of non-fulfillment
of dowry demand. On 14.10.2024, the informant was informed
that his daughter along with her child aged about one and half
years were found dead in Nagi Dam.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.8336 of 2026(2) dt.12-02-2026
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counsel for the petitioner has submitted that the petitioner is
the husband of the deceased. Learned counsel has submitted
that actually the deceased has gone with the child and has
committed suicide by jumping in Nadi Dam. He has further
submitted that as the marriage was solemnized fifteen years
ago, the allegation under Section 80 of BNS is not attracted. At
most, it is a case of abetment of suicide. He has further
submitted that there is no material against the petitioner to
show that he has abetted the deceased to commit suicide. It is
not normal that a father would allow his child to die. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 14.10.2024.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Jhajha P.S. Case No. 464 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Principal District and
Patna High Court CR. MISC. No.8336 of 2026(2) dt.12-02-2026
3/3
Sessions Judge, Jamui.
(Ashok Kumar Pandey, J)
shubham/-
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