Krishna Yadav @ Sarvjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46132 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== Krishna Yadav @ Sarvjeet Kumar S/O Bablu Yadav @ Sanjay Kumar Yadav R/O Village- Harpur Ward No.4, P.S- Choutarwa, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, Informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 80 (2), 3
(5) of the BNS, 2023.
3. The case of the prosecution, in brief, is that the petitioner had allegedly kidnapped the daughter of the informant and solemnized marriage with her. When the informant came to know that his daughter that she was residing at Delhi near a Gurudwara, he went there and requested her to return home but she refused to return back with him. Thereafter, on 03.02.2025, the informant came to know that his daughter namely, Anjali had been killed. It is further alleged that she was killed with an
Patna High Court CR. MISC. No.46132 of 2025(3) dt.15-09-2025 2/3 ulterior motive of extracting dowry. Hence, the present case has been instituted.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during the course of investigation, it has come that the victim had fallen near the hand pump, as a result of which she received a head injury. From perusal of the post-mortem report, it appears that the cause of death was trauma due to hard and blunt substance most likely caused by a fall (cardio respiratory arrest as per discharge slip). Moreover, the petitioner is languishing in judicial custody since 21.05.2025.
5. On the other hand, learned counsel appearing on behalf of the informant vehemently opposed the prayer for bail. He submits, with reference to the post-mortem report, that the deceased had six ante-mortem injuries on her person.
6. Considering the fact that although the cause of death is not directly attributable to those injuries, yet when questioned by this Court, the petitioner could not satisfactorily explain the presence of such injuries on the body of the deceased. The petitioner being the husband of the deceased has been in custody since 21.05.2025.
Patna High Court CR. MISC. No.46132 of 2025(3) dt.15-09-2025 3/3
7. Accordingly, the bail application application of the petitioner stands rejected at this stage with an observation that he shall be at liberty to renew his prayer for bail after completion of one year of his incarceration.
(Ashok Kumar Pandey, J) Jagdish/- U T