Created by Fuzzy Cloud

Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.