Patna High Court
Sundar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petitioners' prayer for anticipatory bail.
Summary
The petitioners, who are the father‑in‑law, mother‑in‑law and sister‑in‑law of a deceased woman, sought anticipatory bail in a dowry‑death case registered under Sections 80, 238 and 3(5) of the B.N.S. The prosecution alleged that the petitioners, along with other accused, tortured and eventually murdered the victim for dowry demands, but the petitioners claimed they had no involvement, clean antecedents, and that the allegations were general and omnibus with no specific overt act. The informant, the victim’s father, was not an eye‑witness and the primary accusation was against the husband, who was already in custody. The State and the informant opposed the bail, arguing the seriousness of the offence. The court, considering the lack of specific evidence against the petitioners and their clean records, granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the dowry‑death allegations under Sections 80, 238 and 3(5) of the B.N.S.
- Whether the general and omnibus nature of the accusations and the petitioners' clean antecedents justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- dowry death
- anticipatory bail
- Section 80
- Section 238
- Section 3(5)
- Section 482(2)
- clean antecedents
- general allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84883 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- Gokhulpur District- Nalanda
======================================================
1. Sundar Yadav S/o Late Saudhar Yadav R/o Village- Shahpur, PS-
Gokhulpur, Distt- Nalanda
2. Faguni Devi W/o Sri Sundar Yadav R/o Village- Shahpur, PS- Gokhulpur,
Distt- Nalanda
3. Muskan Kumari W/o Rantu Yadav R/o Village- Shahpur, PS- Gokhulpur,
Distt- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vishwanath Prasad, Advocate
For the State : Mr. Binod Kumar, APP
For the Informant : Mr. Pramod Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 80, 238 and
3(5) of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his daughter was solemnized
with co-accused Prahlad Yadav @ Sonu on 14.03.2019 as per
Hindu rites and rituals and thereafter, all the F.I.R. named
accused persons, including these petitioners, committed torture
Patna High Court CR. MISC. No.84883 of 2025(5) dt.17-03-2026
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and harassment with the victim due to non-fulfillment of
demand of dowry and subsequently, all the accused persons
committed murder of the victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 is father-
in-law, Petitioner No. 2 is mother-in-law and Petitioner No. 3 is
sister-in-law of the deceased. Petitioners are separate in mess
and property and have got no concern with the affairs of the
deceased and her husband. Informant is not an eye witness of
the alleged occurrence. Allegation of demand of dowry is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners. Thrust of accusation is
against husband of deceased who is already in custody.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
Patna High Court CR. MISC. No.84883 of 2025(5) dt.17-03-2026
3/3
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned J.M. 1st Class,
Nalanda, Bihar Sharif in connection with Gokhulpur P.S. Case
No. 46 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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