Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19012 of 2025 Arising Out of PS. Case No.-450 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Dharmendra Yadav S/o Fakira Yadav @ Fakir Yadav R/o Village- Sakardas Nawada, PS- Wazirganj, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha For the Opposite Party/s :
Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 450 of 2024 registered for the offence under Sections 80, 3(5) of the BNS.
3. The petitioner is named in the F.I.R. and is in custody since 07.07.2024.
4. The allegation against the petitioner is to cause the death of daughter of the informant alongwith other co-accused persons and family members due to non-fulfillment of demand of dowry.
5. Learned counsel appearing on behalf of the petitioner submitted that the daughter of the informant in
2/4 fact committed suicide out of frustration that she could not become mother in last seven years of her marriage and after her death, due to oblique and ulterior motive, the present false implication was raised in the background of dowry demand. It is submitted that occurrence was informed to the parents of the deceased, whereafter informant arrived at matrimonial village of his deceased daughter but before his arrival almost last rites and rituals was over. It is submitted that this fact was supported by different prosecution witnesses during course of investigation. While arguing further, regarding their statement under Section 161 of the Cr.P.C. it is submitted that several witnesses made statement that deceased daughter of informant was suffering from depression as she could not give birth to a child in last seven years of her marriage. While concluding the argument learned counsel submitted that charge in this matter already framed by learned trial court but despite of having continuous custody of more than one year not
3/4 even a single witness examined in this case and, therefore, conclusion of trial is a remote aspect.
6. Learned APP while opposing the prayer of bail submitted that petitioner is the husband and explanation qua death of daughter of informant not appears duly explained that how she died in her matrimonial home, however, he conceded fairly that post-mortem was not done in present case.
7. In view of aforesaid factual submission and by taking note of fact as investigation suggest different reason for alleged occurrence prima-facie making a deviation from allegation qua dowry demand as raised through FIR, coupled with the fact that despite of continuous custody of more than one year i.e., since 07.07.2024 not even a single witness examined in this case and therefore conclusion of trial appears a remote aspect, accordingly petitioner above named, is directed to be released on bail in connection with Wazirganj P.S. Case No. 450 of 2024 on furnishing bail bond of
4/4 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge XIII, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T