Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62579 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- KARPI District- Arwal ====================================================== Vikash Yadav S/o Lala Singh @ Lala Yadav, R/o Village - Devki Bigha, P.S - Karpi, District - Arwal.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Shyam Kishor Yadav S/o Chatargun Yadav, R/o Village - Dumara, P.S - Haspura, District - Aurangabad.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Prasad Singh, Advocate For the State :

Mr. Umanath Mishra, APP For the OP No. 2 :

Mr. Ajay Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the informant / opposite party no. 2.

2. In the present case, the petitioner seeks bail in connection with Karpi P.S. Case No. 55 of 2024 dated 26.02.2024, registered for the offences punishable under Sections 304 and 304(B) of the Indian Penal Code.

3. As per the prosecution case, niece of the informant was married with the petitioner and allegation against the petitioner is that after some altercation he pushed his wife upon the gas stove. The niece of the informant received burn injuries and subsequently died.

2/4

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The occurrence is stated to have taken place on 08.01.2024 but the fardbeyan was recorded in this case on 24.02.2024 when the wife of the petitioner died. It was a case of accidental fire and the petitioner got his wife treated and for this reason no FIR was lodged when the occurrence is stated to have taken place. The wife of the petitioner was in constant touch with her mother but she did not say anything against the petitioner at that time and therefore no case was lodged prior to the death of the wife of the petitioner. In fact, informant and his family members demanded money from the petitioner and threatened him with implication in false case.

Now, the matter has already been compromised between the parties and a compromise petition has been filed before the learned trial Court. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 29.05.2025.

5. Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant/opposite party no. 2 oppose the submissions made on behalf of the petitioner.

3/4 Learned APP submits that it is a case of dowry death as the death has taken place within seven years of marriage. Learned counsel for the informant submits that informant does not want to pursue the matter and has arrived at a settlement with the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the delay in lodging of the FIR and also considering the submission of chargesheet and petitioner's period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal / concerned Court, in connection with Karpi P.S. Case No. 55 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates

4/4 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T