Patna High Court
Devi Dayal Yadav @ Devi Dayal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to strict conditions.
Summary
The petitioners—Devi Dayal Yadav, his wife Malti Devi, and their daughter‑in‑law Pintu Kumari—sought bail after being implicated in a dowry‑death case (PS Shakurabad Case No. 133 of 2025) under Sections 103(1), 123, 238 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that they murdered the deceased, Rekha Devi, for non‑payment of dowry, relying mainly on the informant’s testimony. The petitioners contended they have a clean antecedent, are merely in‑laws of the deceased, and that the husband of the deceased is already in judicial custody, making the allegations vague and omnibus. The court noted the lack of specific assault evidence, the petitioners’ clean record, and the fact that the primary accused is already detained, and therefore exercised its discretion under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties, cooperation with the trial, presence in court, and non‑tampering with evidence, with provisions for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1), 123, 238 and 3(5) of the Bharatiya Nyay Sanhita in a dowry‑death case.
- Whether the prosecution’s evidence is sufficient to deny bail.
- Whether the petitioners’ clean antecedent and the custody of the primary accused justify bail under Section 438(2) CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 123, 238, 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- dowry death
- false implication
- clean antecedent
- Section 438 CrPC
- Section 482 Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88931 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
1. Devi Dayal Yadav @ Devi Dayal Singh S/o- Late Harihar Singh R/v-
Parshan Bigha Ps- Shakurabad Dist- Jehanabad
2. Malti Devi W/o- Devi Dayal Yadav @ Devi R/v- Parshan Bigha Ps-
Shakurabad Dist- Jehanabad
3. Pintu Kumari W/o- Shidhnath Kumar, D/o- Devi Dayal Yadav @ Devi
Dayal Singh R/v- Lalman Bigha Ps- Kako Pali Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Uday Narayan Singh, learned counsel for
the petitioners and Mr. Ram Sevak Choudhary, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Shakurabad P.S. Case No. 133 of 2025, F.I.R.
dated 20.05.2025 for the offences punishable under Sections
103(1), 123, 238, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioners killed his sister, namely, Rekha Devi
(now, deceased) due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Infact the informant is not the eye
Patna High Court CR. MISC. No.88931 of 2025(2) dt.12-01-2026
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witness of the alleged occurrence and the petitioners are made
accused merely on the basis of suspicion. He further submits
that petitioner no.1 is father-in-law, petitioner no.2 is mother-in-
law and petitioner no.3 is married sister-in-law of the deceased
and the husband of the deceased is in judicial custody since
05.06.2025 and apart from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act against
the petitioners rather the allegation against them are general and
omnibus in nature.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and they are in-laws of the
deceased and the husband of the deceased is in judicial custody
since 05.06.2025, let the petitioners, above named, in the event
of arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released 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 the learned Additional District Sessions Judge-IX, Jehanabad
in connection with Shakurabad P.S. Case No. 133 of 2025,
subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.88931 of 2025(2) dt.12-01-2026
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the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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