Nand Kumar Yadav @ Banke Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28165 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Nand Kumar Yadav @ Banke Yadav S/o Late Ram Sudhari Yadav R/o Village- Maurkahi, P.S.- Bithan, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Khushi Awadh, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 80, 85 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.
3. It is a case of "dowry death". The prosecution case, in brief, is that marriage of daughter of informant was solemnized with co-accused Dharjit Yadav in the year 2021. It is alleged that after marriage, all the accused persons, including this petitioner, started demanding dowry and due to nonfulfillment of the same, they committed murder of daughter of informant.
Patna High Court CR. MISC. No.28165 of 2025(5) dt.23-07-2025 2/3
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be father-in-law of the deceased. Petitioner is victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioner is separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased, who is already in custody since 25.10.2024. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Rosera, District- Samastipur in connection with Bithan
Patna High Court CR. MISC. No.28165 of 2025(5) dt.23-07-2025 3/3 P.S. Case No. 78 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T