Patna High Court
Kamleshwari Yadav @ Bhagat YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail.
Summary
The Patna High Court considered a bail application filed by Kamleshwari Yadav (alias Bhagat Yadav) in a criminal case registered under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita relating to alleged dowry demands, torture and the death of a woman. The petitioner was not named in the FIR; his name appeared only in a confessional statement of the deceased’s father‑in‑law, indicating that he had helped with the cremation as a co‑villager. He argued that he had no knowledge of the murder, would not abscond, and that the father‑in‑law had already been granted regular bail. The State opposed bail, contending that the allegations implicated the petitioner. After evaluating the submissions, the court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties, and the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita despite allegations of involvement in a dowry‑related death.
- Whether the petitioner’s participation in the cremation as a co‑villager amounts to participation in the offence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- confessional statement
- co‑villager
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91829 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Kamleshwari Yadav @ Bhagat Yadav S/o Pradeep Yadav R/o Village-
Jhinaura, P.S.- Tetarhat, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 80, 238, 3(5) of the
Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case, but the said case was a
complaint case and is in custody since 24.10.2025. It is next
submitted that informant alleges that his daughter was married
to Rahul in the year 2024 and at the time of marriage, the
informant by way of gift had given Rs. 6 Lakhs along with a
motorcycle and had spent an amount of Rs. 5 lakhs on food and
other articles, it is next alleged that after marriage, the named
accused persons were demanding dowry and on non-fulfillment
Patna High Court CR. MISC. No.91829 of 2025(2) dt.10-02-2026
2/3
of the demand, the victim was tortured. It is further alleged that
on 2-2-2025, the informant received an information that his
daughter is ill, accordingly he reached the place of occurrence,
but found the house locked and came to know that the accused
had fled and the dead body of the deceased was disposed of.
4. The learned counsel appearing on behalf of the
petitioner submits that the petitioner is not named in the FIR and
is not related with the husband of the deceased in any manner
rather is a co-villager. It is next submitted that name of the
petitioner transpired in the confessional statement of Ramashish
Yadav (father-in-law of the deceased) wherein he disclosed that
the petitioner also participated in the cremation. The learned
counsel for the petitioner next submits that since the petitioner is
a co-villager, as such he was not even aware about the
occurrence and on request of Ramashish and his family
members, he along with other villagers participated in the
occurrence. It is thus submitted that even presuming what has
been alleged is true without admitting, then the petitioner is not
alleged to have participated in the occurrence of killing the
deceased. It is next submitted that Ramashish Yadav has been
granted the privilege of regular bail by a learned Co-ordinate
Bench by an order dated 3-9- 2025 in Cr. Misc No. 43796 of
Patna High Court CR. MISC. No.91829 of 2025(2) dt.10-02-2026
3/3
2025. It is further submitted that if privilege of regular bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Tetarhat
Police Station Case No. 19 of 2025.
7. Accordingly, the instant bail application is
allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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