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Patna High Court

Vikas Kumar Yadav @ Vikas KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail on furnishing a Rs.10,000 bond with two sureties of equal amount.

Summary

Vikas Kumar Yadav was arrested in connection with a dowry‑related death alleged under Sections 80, 85, 115(2) and 352 of the Bihar Negotiable Statutes, 2023, and Section 306 of the IPC. The petitioner claimed innocence, arguing that the FIR was lodged a month after the alleged incident and that the investigation showed inconsistencies, including a delayed filing and lack of direct evidence linking him to the crime. The State highlighted the medical report indicating asphyxia due to hanging and the presence of injuries, seeking to deny bail. The Court considered the delay in FIR, the petitioner’s clean record, and the absence of conclusive proof, and decided to grant bail on condition of a bond and sureties. Consequently, the petitioner was released on bail pending trial.

Issues considered

  • Whether bail should be granted to the accused in a dowry‑death case despite the seriousness of the charges.
  • Whether the delay in lodging the FIR and lack of direct evidence justify the grant of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • delay in FIR
  • criminal antecedent
  • Section 80 B.N.S.
  • Section 85 B.N.S.
  • Section 115(2) B.N.S.
  • Section 352 B.N.S.
  • Section 306 IPC
  • asphyxia
  • hanging

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85997 of 2025
                       Arising Out of PS. Case No.-47 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Vikas Kumar Yadav @ Vikas Kumar Son of Prithvi Chandra Yadav Resident
                 of Village - Harkhaiya (Alauli), Police Station - Alauli, District - Khagaria
                 (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Singh
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                              2. The petitioner has prayed for bail in connection with

                   Alauli P.S. Case No. 47 of 2025 registered for the offence

                   punishable under Sections 80, 85, 115(2), 352 of the B.N.S.,

                   2023.

                              3. The case of the prosecution, in short, is that the

                   petitioner was married to the sister of the informant. It is alleged

                   that the deceased was subjected to cruelty on account of non-

                   fulfillment of dowry demand. On 30.01.2025, she was being

                   abused and assaulted and was killed by hanging.

                              4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.85997 of 2025(3) dt.02-02-2026
                                            2/3




          offence. He has been falsely implicated in this case. Learned

          counsel for the petitioner submits that the occurrence took place

          on 30.01.2025, whereas the FIR was lodged on 01.02.2025,

          after a delay of a month and the delay in lodging the FIR has not

          been explained. He further submits that during the course of

          investigation, in para-117 of the case diary, one witness has

          stated that the father-in-law of the deceased had gone to work

          outside; when he returned, he found that door closed from

          inside, and after that villagers arrived there and the door was

          opened, and it was found that the deceased was hanging. He

          also submits that the police has filed charge-sheet under Section

          306 of the I.P.C., which corresponds to Section 108 of the BNS,

          2023. He further submits that the petitioner is having no

          criminal antecedent and he is languishing in judicial custody

          since 17.06.2025.

                        5. The learned APP appearing for the State has

          vehemently opposed the application for bail and submits that

          from perusal of the injury report, it is clear that the dead body

          was in a moderate stage of decomposition and the deceased has

          one postmortem abrasion over the left side of the forehead, left

          iliac region and left wrist. The doctor has opined that the cause

          of death is asphyxia and venous congestion due to antemortem
           Patna High Court CR. MISC. No.85997 of 2025(3) dt.02-02-2026
                                                       3/3




                     hanging.

                                 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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Khagaria in connection with Alauli Case

                     No. 47 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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