Dilip Yadav @ Dilip Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47868 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- KURSAKANTA District- Araria ====================================================== Dilip Yadav @ Dilip Prasad Yadav, Male, aged about 65 years, Son of Late Sahdev Yadav, Resident of Village- Sharanpur, P.S.- Tarabari, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Kursakanta P.S. Case No. 42 of 2025 instituted for the offences punishable under Sections 80, 238 and 3(5) of the B.N.S. 2023.
3. As per allegation in the FIR, all the FIR named accused persons killed the daughter of the informant due to nonfulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He submits that the petitioner is the maternal uncle of the husband of the deceased. He further submits that there is no any specific allegation against the petitioner. He next submits that husband of the deceased is in custody since 06.06.2025, as
Patna High Court CR. MISC. No.47868 of 2025(2) dt.08-08-2025 2/3 stated in para 15 of the petition. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 18.05.2025.
5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail.
6. From perusal of the FIR and impugned order of the learned 1st Additional Sessions Judge-cum-Special Judge, Araria dated 26.06.2025, it appears that on the basis of written report of the informant Munna Kumar Yadav, FIR has been lodged under Sections 80, 238 and 3(5) of the B.N.S. 2023 against seven coaccused persons including the present petitioner. It also appears that petitioner is the maternal uncle of the husband of the deceased Banti Kumar Yadav and said Banti Kumar Yadav is in judicial custody since 06.06.2025, as submitted by learned counsel for the petitioner, which is stated in para 15 of the petition. It also appears that petitioner is the maternal uncle of the husband of the deceased and is in custody since 18.05.2025, so considering all these aspects of the matter and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.47868 of 2025(2) dt.08-08-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Araria in connection with Kursakanta P.S. Case No. 42 of 2025.
(Ramesh Chand Malviya, J) Anand Kr.
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