← Library
Patna High CourtCR. MISC./46430/2025bail granted

Uday Yadav v. The State Of Bihar

2025-07-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46430 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== 1.

Uday Yadav S/o Sevo Yadav R/o Village- Badi Lagar, P.S.- Parbatta, DIstt.- Khagaria 2.

Sevo Yadav S/o Late Sugdi Yadav R/o Vill- Badi Lagar, P.S.- Parbatta, DisttKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Parbatta Police Station Case No. 125 of 2025, disclosing offences under Sections 108, 238, 3(5) of the BNS, 2023.

3. As per the FIR, on 02.04.2025, when the informant/chowkidar was in his mahal, he got to know that wife of petitioner no. 1 has committed suicide. The informant immediately informed the police and when the police arrived in the house of the petitioners, they saw that gate of his house was broken and nobody was present in the house. Upon inquiry, the police came to know that there was quarrel between the husband

Patna High Court CR. MISC. No.46430 of 2025(2) dt.30-07-2025 2/3 and wife due to which, wife of petitioner no. 1 committed suicide.

4. Learned Counsel for the petitioners submits that from perusal of the FIR, it is clear that there is no allegation that the petitioners actively abetted the commission of suicide. The marriage of petitioner no. 1 was solemnized with the deceased about ten years back and out of wedlock, four children were born. From about two months, there was quarrel between brother of petitioner no. 1 and his wife due to which the wife of petitioner no. 1 committed suicide. It appears that the deceased out of guilt also, committed suicide. The information, regarding the death of the deceased, was given to her parents and the dead body was cremated. It is at the behest of some local enemies of the petitioners, that the present FIR has been lodged at the behest of chowkidar.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that there is no prima facie material to show that the petitioners have played active role in suicide of the deceased, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.46430 of 2025(2) dt.30-07-2025 3/3

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 Additional Chief Judicial Magistrate 1st , Khagaria, in connection with Parbatta Police Station Case No. 125 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T