Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11476 of 2026 Arising Out of PS. Case No.-43 Year-2025 Thana- ITARHI District- Buxar ====================================================== 1.

Suman Yadav 2.

Rajendra Yadav 3.

Lallu @ Lalu Yadav All Sons of Late Kunja Bihari Yadav, R/v- Indore, Ps- Itarhi Dist- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2026 Heard Mr.Sanjay Kumar, learned counsel for the petitioners and Mr.Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. The petitioners seek bail, who are in custody since 07.01.2026 in connection with Itarhi P.S. Case No. 43 of 2025, F.I.R. dated 08.03.2025 registered for the offence punishable under Sections 80(2),61,238 of BNS.

3. Allegation against the petitioners is that they alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the sister of the informant.

4. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.11476 of 2026(3) dt.29-04-2026 2/3 submits that the petitioners have clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. Petitioners have been made accused in the present case merely on the ground that they are brother-in-laws of the deceased. Further submits that it appears from the FIR that although the petitioners are named in the FIR but there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners and husband of the deceased, who happens to be the brother of the petitioners, is in judicial custody since 11.03.2025 and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 07.01.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts, petitioners have clean antecedent, there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners in the FIR, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with

Patna High Court CR. MISC. No.11476 of 2026(3) dt.29-04-2026 3/3 two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Itarhi P.S. Case No. 43 of 2025, with the following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on theri absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T