← Library
Patna High CourtCR. MISC./44916/2025allowed

Bablu Yadav v. The State Of Bihar

2025-07-16Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44916 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- JAMUI District- Jamui ====================================================== Bablu Yadav S/o Mahendra Yadav R/o Village- Lakhan Dhanama, P.S.- Jamui, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Devika Rani, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-07-2025 Heard Mrs. Devika Rani, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jamui P.S. Case No. 01 of 2025 instituted for the offence under Sections 80 and 3(5) of the B.N.S. and Section 3⁄4 of the Dowry Prohibition Act.

3. The case of the prosecution is that the sister of the informant namely, Sivarthi Kumari, who was married to one Sudhir Yadav in the year 2021. At the time of marriage, sufficient gifts were provided to her. It is further alleged that she has been subjected to cruelty on account of non-fulfillment of dowry demand, ultimately on 01.01.2025, she was killed by

Patna High Court CR. MISC. No. 44916 of 2025(2) dt.16-07-2025 2/3 hanging.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the petitioner is the brother-in-law of the deceased and that he was living separately from the deceased after a marriage. It has also been submitted that from perusal of the post-mortem report, it will transpire that the doctor has found that the cause of death is asphyxia due to hanging. No other injury was found on the person of the deceased. It is next submitted that the nature of allegation is general and omnibus. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the deceased was killed within seven years of her marriage.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No. 44916 of 2025(2) dt.16-07-2025 3/3 in connection with Jamui P.S. Case No. 01 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T