Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57689 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- MALI District- Aurangabad ====================================================== Mahendra Yadav S/o Late Balkeshwar Yadav R/o Village - Kamdarpur, P.O - Chainpur, P.S - Mali, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Mali P.S. Case No.76 of 2025 registered for the offence under sections 103(1), 80 and 3(5) of the B.N.S, 2023.

3. The allegations in the F.I.R is that sister of the informant was done to death by the accused persons including the petitioner herein on account of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that from a bare perusal of the F.I.R it would be apparent that information with regard to death of the deceased was given to the informant by the younger brother of the husband of the

Patna High Court CR. MISC. No.57689 of 2025(3) dt.17-10-2025 2/3 deceased, thus it is submitted that there was no attempt on the part of the accused persons to cause disappearance of evidence. The petitioner who is the father-in-law of the deceased has also been made accused in this case although he resides separately from the deceased and her husband and as a matter of fact the deceased had committed suicide and the post-mortem report has also been pointed out to show that cause of death is asphyxia as a result of antemortem hanging. It has further been submitted that husband of the deceased Vikash Kumar Yadav is already in custody. The petitioner undertakes to co-operate in the case/trial.

5. The application for bail is opposed by learned APP for the State.

6.Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that petitioner is the old father-in-law residing separately from the deceased and her husband, the informant's family were duly informed about the death of the deceased coupled with the fact that husband of the deceased, who is primary responsible for welfare of his wife, is in custody and also considering that the petitioner is in custody since 24.024.2025, the petitioner, above named, having no criminal antecedent, be enlarged on bail in connection with Mali P.S. Case No.76 of 2025 on furnishing

Patna High Court CR. MISC. No.57689 of 2025(3) dt.17-10-2025 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Aurangabad and subject to the further condition that he shall co-operate in the trial. (Soni Shrivastava, J) Harsh/- U T