Chhotu Yadav @ Badri Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Chhotu Yadav @ Badri Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released in connection with Mahila P.S. Case No. 21 of 2024 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Madhubani, with bail bonds to be accepted only after the trial court verifies the petitioner's marriage with the informant.

Issue for consideration

Whether the petitioner, accused in Mahila P.S. Case No. 21 of 2024 (District Madhubani) registered for offences punishable under Sections 323, 448, 376, 504, 506, 313 and 34 of the Indian Penal Code, should be enlarged on regular bail.

Court's answer

This court is inclined to enlarge the petitioner on bail; the petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 21 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Madhubani.

Ratio / Principle

The learned trial court is directed to verify whether the petitioner has solemnized marriage with the informant or not, and his bail bonds shall be accepted only after the verification of the marriage.

Detailed headnote1 paragraphs

REGULAR BAIL GRANTED WITH CONDITION OF VERIFICATION OF MARRIAGE - High Court of Judicature at Patna (Ashok Kumar Pandey, J.), Criminal Miscellaneous No.41645 of 2025, decided 06-08-2025: petitioner Chhotu Yadav @ Badri Yadav enlarged on regular bail arising out of Mahila P.S. Case No.-21 Year-2024, District Madhubani, registered for offence punishable under Sections 323, 448, 376, 504, 506, 313 and 34 of the Indian Penal Code. Prosecution case: the petitioner, brother-in-law of the informant, developed intimacy with her after her husband's death, established physical relationship due to which she became pregnant, and on 13.06.2024 entered her house, pressed her neck and had medicine administered for termination of pregnancy. Petitioner's counsel submitted (i) Annexure-2 shows marriage solemnized with the informant, witnesses during investigation stating the two used to quarrel over marriage; (ii) statement in para-3 of the petition of no criminal antecedent; (iii) petitioner languishing in judicial custody since 11.07.2024. Learned APP opposed the prayer. Court held itself inclined to enlarge the petitioner on bail and directed release on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Madhubani, further directing the learned trial court to verify whether the petitioner has solemnized marriage with the informant, his bail bonds to be accepted only after verification of the marriage.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41645 of 2025

Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA P.S. District- Madhubani

======================================================

Chhotu Yadav @ Badri Yadav S/o Dev Narayan Yadav R/o Village- Hanuman Nagar, P.S.- Phulparas, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mrs. Nirmala Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 06-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 448, 376, 504, 506, 313 and 34 of the Indian Penal Code.

The case of the prosecution is that the petitioner who is brother-in-law of the informant developed intimacy with her after the death of her husband. It is alleged that he established physical relationship with her due to which she got pregnant and medicine was administered for termination of pregnancy. It is alleged that on 13.06.2024, the petitioner entered in the house of the informant and forced her for termination of pregnancy and pressed her neck. After that,

Patna High Court CR. MISC. No.41645 of 2025(3) dt.06-08-2025 2/3

medicine was administered. It is further alleged that thereafter, the informant went to some secret place.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that Annexure-2 goes to show that the petitioner has solemnized marriage with the informant. During investigation, the witnesses have also stated that the informant and petitioner used to quarrel with each other on the point of marriage. The marriage has been solemnized. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.07.2024.

Learned APP appearing for the state has opposed vehemently the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 21 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I,

Patna High Court CR. MISC. No.41645 of 2025(3) dt.06-08-2025 3/3

Madhubani.

Learned trial court is directed to verify whether the

petitioner has solemnized marriage with the informant or not and his bail bonds shall be accepted only after the verification of the marriage.

(Ashok Kumar Pandey, J)

Shubham/-

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