Patna High Court
Shiv Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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- Whether the application can be withdrawn for some petitioners while proceeding against others.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
- BNS — s. 3(5), 80
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
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
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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/-
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