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Patna High Court

Shiv Prasad YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted bail to petitioners 3 and 4 subject to statutory conditions and allowed the withdrawal of the bail application for petitioners 1 and 2.

Summary

The petitioners sought bail in a dowry‑death case (Guthani P.S. Case No.250 of 2025) involving alleged offences under Section 80, 3(5) of the BNS and Section ¾ of the Dowry Prohibition Act. Petitioners 1 and 2 withdrew their bail application and were directed to surrender within four weeks and apply for regular bail. Petitioners 3 and 4, who are the brother‑in‑law and sister‑in‑law of the deceased, faced only a general allegation. The court allowed bail for petitioners 3 and 4 on furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order was communicated to the Superintendent of Police for compliance.

Issues considered

  • Whether bail can be granted to accused under Section 80, 3(5) of the BNS and Section ¾ of the Dowry Prohibition Act.
  • Whether the court may impose conditions under Section 438(2) of the CrPC and Section 482 of the BNSS while granting bail.
  • Whether the application can be withdrawn for some petitioners while proceeding against others.

Legislation cited

Subjects

  • bail
  • dowry death
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Dowry Prohibition Act
  • withdrawal of application
  • Siwan
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91101 of 2025
                       Arising Out of PS. Case No.-250 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
           1.     Shiv Prasad Yadav S/o Ram Awtar Yadav R/o Village - Belaur, P.S -
                  Guthani, District - Siwan
           2.    Shanti Devi W/o Shiv Prasad Yadav @ Vishun Yadav R/o Village - Belaur,
                 P.S - Guthani, District - Siwan
           3.    Vishun Dayal Yadav @ Vishun Yadav S/o Shiv Prasad Yadav R/o Village -
                 Belaur, P.S - Guthani, District - Siwan
           4.     Mamta Devi @ Mamta Kumari W/o Manjesh Kumar Yadav @ Manjeet
                  Yadav R/o Village - Dareli Mathiya, P.S - Darauli, District - Siwan
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ramchandra Sahni
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Guthani P.S. Case No. 250 of 2025 registered

                   for the offence under Section 80, 3(5) of the BNS and under

                   Section ¾ of the D.P. Act.

                                   3. As per the prosecution case, the petitioners are

                   accused of killing the deceased for demand of dowry.

                                   4. At the very outset, learned counsel for the

                   petitioners prays for and is permitted to withdraw this

                   application on behalf of petitioner nos. 1 and 2.

                                   5. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner nos. 1 and 2 and they are

                   directed to surrender within four weeks from today and pray for
          Patna High Court CR. MISC. No.91101 of 2025(2) dt.28-01-2026
                                                      2/2




                    regular bail failing which the Superintendent of Police, Siwan

                    will take all steps for their arrest.

                                    6. So far as petitioner nos. 3 and 4 are concerned,

                    they are brother-in-law(bhaisur) and sister-in-law(nanad) of the

                    deceased respectively and there is general and omnibus

                    allegation against them.

                                    7. Considering the allegation against the petitioner

                    nos. 3 and 4, this application is allowed with regard to them

                    only.

                                 8. Let the petitioner nos. 3 and 4, above named, in the

                    event of their arrest or surrender before the concerned Court

                    below within four weeks from today, be released on bail on

                    furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

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

                    CJM, Siwan/concerned Court below in connection with Guthani

                    P.S. Case No. 250 of 2025, subject to the conditions laid down

                    in Section 438(2) of the Code of Criminal Procedure, 1973 /

                    Section 482 of the BNSS.

                                 9. Let a copy of this order be communicated to the

                    Superintendent of Police, Siwan through FAX for compliance.


                                                             (Sandeep Kumar, J)
Vikas/-
U


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