Jiwachh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2644 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- MARAUNA District- Supaul ====================================================== 1.
Jiwachh Yadav Son of Late Ramkrishna Yadav 2.
Anita Devi Wife of Late Ramkrishna Yadav Both resident of Village - Kabari Bandh, Ward No. 8, P.S. - Marauna, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 08-05-2025
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 498A, 302, 304B/34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act in connection with Marauna P.S. Case No.62 of 2024.
3. The prosecution case, in short, is that the informant married his daughter to Jiwachh Yadav and gave rupees five lakhs, ornaments worth Rs.1,85,000/- and a motorcycle. After five years of marriage, petitioner along with family members started demanding rupees two lakhs cash and a buffalo and assaulted the informant's daughter for non-fulfillment of the
Patna High Court CR. MISC. No.2644 of 2025(3) dt.08-05-2025 2/3 demand. On 22.06.2024 the informant's daughter informed the informant that her in-laws assaulted her so brutally. When informant reached to matrimonial house of her daughter, he saw some villagers taking his daughter to Sadar Hospital where doctors declared his daughter dead. Accordingly, the FIR.
4. The learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence and have falsely been implicated in the present case. It is next submitted that petitioner no.2 is mother-in-law and there is no specific allegation against her and there is general and omnibus allegation against her. Further submits that in postmortem examination external injury was found on the body and the reason behind the death was found by the doctor is haemorrhage and shock due to blood loss.
5. The learned APP opposes the anticipatory bail application.
6. Considering the serious nature of allegation against the husband (petitioner no.1) and the impact that it may possibly have on the society, the Court is not inclined to grant anticipatory bail to the petitioner no.1, Jiwachh Yadav and hence it is rejected. So far as mother-in-law (petitioner no.2) is concerned, under the present facts and circumstances is granted
Patna High Court CR. MISC. No.2644 of 2025(3) dt.08-05-2025 3/3 the privilege of anticipatory bail to the petitioner no.2, Anita Devi.
7. Accordingly, the petitioner no.2, Anita Devi, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on her furnishing bail-bonds in the sum of Rs.25,000 /- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Supaul in connection with Marauna P.S. Case No.62 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J) Prakash Narayan U T