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Patna High Court

Chandra Shekhar Yadav @ Chandra Shekhar KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted at this stage as the prosecution had established a prima facie case of dowry death and the circumstances did not merit the privilege of bail.

Summary

The petitioner, Chandra Shekhar Yadav, sought regular bail in a criminal case alleging dowry death under sections 304B and 34 of the Indian Penal Code and section 3 of the Dowry Prohibition Act. The prosecution alleged that the deceased, Daizy Kumari, was assaulted by the petitioner and his mother‑in‑law and later died from asphyxia and shock due to smothering, as per the post‑mortem report. The petitioner contended innocence, arguing that the victim was treated at her paternal home and that the injuries were insufficient to cause death, and that the cause of death was smothering unrelated to the alleged assault. The informant’s counsel highlighted ten antemortem injuries, bite marks, and the FIR’s specific allegations of severe assault. The court found the petitioner’s explanations unsatisfactory, noting the prima facie evidence of culpable homicide and the seriousness of the injuries, and therefore refused bail, allowing a fresh application after six months if trial remains pending.

Issues considered

  • Whether the petitioner is entitled to regular bail in a dowry death case under IPC sections 304B, 34 and Dowry Prohibition Act section 3.
  • Whether the post‑mortem findings and FIR establish a prima facie case against the petitioner sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • culpable homicide
  • Indian Penal Code
  • Dowry Prohibition Act
  • post‑mortem
  • injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84120 of 2025
                        Arising Out of PS. Case No.-137 Year-2024 Thana- BARARI District- Katihar
                 ======================================================
                 Chandra Shekhar Yadav @ Chandra Shekhar Kumar S/o- Late Vijay Yadav
                 Village- Bakiya Sukhari PS-Barari Distt- Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rounak Kumar Singh (Pankaj)
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 For the Informant        :        Mr. Sanjeev Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   17-02-2026                     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 304 (B)/34

                   of the Indian Penal Code and Section ¾ of the Dowry

                   Prohibition Act.

                                3. The case of the prosecution is that the informant’s

                   sister, namely, Daizy Kumari (now deceased) was married to the

                   petitioner, namely, Chandra Shekhar Yadav. It is further alleged

                   that she was subjected to cruelty on account of non-fulfillment

                   of demand of dowry. It is further alleged that on 23.04.2024 and

                   24.04.2024, she was assaulted by her husband and mother-in-

                   law. It is also alleged that on 24.04.2024, she was brought to
Patna High Court CR. MISC. No.84120 of 2025(4) dt.17-02-2026
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          Referral Hospital, Pirpainti, and on 25.04.2024, she succumbed

          to her injuries during the course of treatment.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          during the course of investigation, it has come that the deceased

          was brought to her paternal house and from there her family

          members consulted a local doctor. It is further submitted that in

          paragraph-68 of the case diary, it has come that she was treated

          by a village doctor, namely, Amarjeet Kumar who prescribed

          some painkillers. Thereafter, she slept with her mother in the

          ‘Varandha’ of the house and when she got serious, she was

          rushed to a private hospital, Pripainti belonging to Jitu Yadav

          from where she was referred to Referral Hospital, Pirpainti and

          she died in course of treatment. It is further submitted that in

          paragraph-69 of the case diary, it has also come that the

          deceased was brought to her paternal house and was treated

          by the village doctor Amarjeet Kumar. It is further submitted

          that from perusal of            the     post-mortem report, it   would

          transpire that the doctor has opined that cause of death is

          Asphyxia and shock due to antemortem smothering. It has

          further been opined that Injury Nos. 1 to 3 were antemortem
Patna High Court CR. MISC. No.84120 of 2025(4) dt.17-02-2026
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          and caused due to pressure applied over the mouth and nose by

          some soft/blunt objects. It is further opined that injury nos. 4 to

          10 were antemortem and simple in nature caused by hard and

          blunt substance and were not sufficient to cause death. It is

          further submitted that the cause of death is smoothering and

          admittedly from 24.04.2024, the deceased was at her paternal

          house. Had smothering been done at her matrimonial house,

          death would not have been delayed for such a long period.

                       5. Learned counsel for the informant from perusal of

          the post-mortem report, submits that the doctor had found

          altogether 10 antemortem injuries and both lips were found

          swollen with two bite teeth marks on the left side. It is also

          submitted that from perusal of the First Information Report, it is

          clear that there are specific allegations that the deceased was

          being assaulted badly.

                       6. Learned counsel for the petitioner could not satisfy

          this Court regarding the injury nos. 4 to 10 as to how the said

          injuries were caused. From perusal of the receipt of Referral

          hospital, Pirpainti, it is clear that the deceased died immediately

          after reaching the hospital, prior to commencement of proper

          treatment.

                       7. Considering the aforesaid facts and circumstances
            Patna High Court CR. MISC. No.84120 of 2025(4) dt.17-02-2026
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                      of the case and the material available on record, I am not

                      inclined to extend him the privilege of bail at this stage. The bail

                      application of the petitioner stands rejected. However, he may

                      renew his prayer for bail after six months, if the trial is not

                      concluded.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U


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