Patna High Court

Pawan Yadav @ Pawan KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Petitioner Pawan Yadav applied for bail in a criminal case (PS Case No. 645 of 2025) alleging offences under Sections 80(2), 238 and 3(5) of the B.N.S., 2023. The prosecution alleges that the deceased, Rupam Kumari, was subjected to dowry cruelty and was killed by her in‑laws because she opposed her husband’s illicit relationship. The petitioner contended that he is innocent, has no criminal antecedent, is the brother‑in‑law of the deceased, and has been falsely implicated, having been in judicial custody since 27‑08‑2025. The State opposed the bail. After hearing both sides, the Court found the allegations to be general and directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.

Issues considered

Whether bail should be granted to the petitioner in a case involving alleged dowry‑related cruelty and murder under Sections 80(2), 238 and 3(5) of the B.N.S., 2023.

Legislation cited

B.N.S., 2023 — s. 238, 3(5), 80(2)

Subjects

bail
dowry death
cruelty
criminal procedure
Section 80(2)
Section 238
Section 3(5)
Bihar
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88944 of 2025
                   Arising Out of PS. Case No.-645 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Pawan Yadav @ Pawan Kumar Son of Shibo Yadav Resident of Village -
                 Chiknotwa, Ward No. - 06, P.S. - Madhepura (Gailarh O.P.), District -
                 Madhepura.
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Barun Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Madhepura (Ghailarh O.P.) P.S. Case No. 645 of 2025 registered

                   for the offence punishable under Sections 80(2), 238, 3(5) of the

                   B.N.S., 2023.

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

                   Kumari (deceased) was married to one Manjay Kumar Yadav. It is

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

                   fulfillment of the dowry demand of Rs. 2,00,000/- and a bullet

                   motorcycle. It is further alleged that Manjay was having an illicit

                   relationship with Sanjana Devi and that as the deceased was

                   opposing this relationship, she was being killed by her in-laws.

                                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.88944 of 2025(2) dt.08-01-2026
                                                       2/2




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

                     counsel for the petitioner has submitted that the petitioner is

                     brother-in-law of the deceased and that she is residing separately

                     from the last ten years. He has also submitted that the nature of

                     allegation is general and omnibus. The main thrust of allegation is

                     against the husband. He further submits that a statement has been

                     made in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     27.08.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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, Madhepura in connection with Madhepura

                     (Ghailarh O.P.) P.S. Case No. 645 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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