Virendra Yadav @ Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42093 of 2025 Arising Out of PS. Case No.-319 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
Virendra Yadav @ Birendra Yadav S/O Musaharu Yadav R/O VillageKushaha Tola Bagewa, Panchayat Hariharpatti, Ward No. 12, P.STriveniganj, Distt.- Supaul. 2.
Amerika Devi @ Babita Devi @ Vavita Devi W/O Virendra Yadav @ Birendra Yadav R/O Village- Kushaha Tola Bagewa, Panchayat Hariharpatti, Ward No. 12, P.S- Triveniganj, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that her sister was married to Rupesh about ten years back, out of the wedlock two children were born, further his sister was tortured and on account of non-fulfillment of dowry, she was killed by the accused persons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.42093 of 2025(2) dt.09-07-2025 2/3 petitioners have been falsely implicated in the instant case by the informant who is not an eye witness to the occurrence. It is next submitted that the marriage of the deceased with the son of the petitioner was performed ten years back and out of the wedlock two children were born. It is next submitted that in these ten years, no case ever came to be instituted by the victim or the informant alleging torture on account of non-fulfillment of dowry demand, it is next submitted that the FIR does not disclose as to what was being demanded by way of dowry. It is also submitted that the dead body was lying in the house as such had the petitioner been involved in the occurrence, then efforts would have been made to dispose of the dead body with a view to conceal the evidence.
It is also submitted that whenever a dispute arises in between husband and wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner. It is also submitted that petitioners will not abscond and rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.42093 of 2025(2) dt.09-07-2025 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Triveniganj P.S. Case No. 319 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Saurav/- U T