Patna High Court
Vikas Kumar Yadav @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 115(2), 352, 80, 85
- Indian Penal Code — s. 306
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
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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
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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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