Jay Ram Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Jay Ram Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be enlarged on bail upon arrest/surrender within eight weeks, on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, apprehending arrest in Vijaipur P.S. Case No. 18 of 2024 (a complaint case punishable under Sections 304(B)/34 IPC), should be granted anticipatory bail.

Court's answer

The petitioners, in the event of arrest or surrender within eight weeks, are to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Gopalganj, in connection with Vijaipur P.S. Case No. 18 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Anticipatory bail was granted by the court expressly 'considering the aforesaid facts and circumstances' recited in the preceding paragraphs, i.e., the prosecution narrative and the noted circumstances concerning the petitioners (omnibus allegations, separation in mess and property, husband already in custody).

Detailed headnote1 paragraphs

Anticipatory bail allowed by the Patna High Court (Prabhat Kumar Singh, J) to Jay Ram Yadav (father-in-law) and Indrawati Devi (mother-in-law) of the deceased in Vijaipur P.S. Case No. 18 of 2024, District Gopalganj - a complaint case punishable under Sections 304(B)/34 of the Indian Penal Code, in which the informant suspected that his sister was killed by the accused persons including the petitioners due to non-fulfilment of demand of dowry. Allegations against the in-laws were general and omnibus; the petitioners were stated to be separate in mess and property; the thrust of the accusation was against the husband of the deceased, who was already in custody. In the event of arrest or surrender within eight weeks, the petitioners were ordered to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Gopalganj, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4981 of 2025

Arising Out of PS. Case No.-18 Year-2024 Thana- VIJAYEPUR District- Gopalganj

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

Jay Ram Yadav S/O Late Fulena Chaudhari @ Late Fulena Yadav R/O Village- Kawlachak Paschim Tola, P.S- Vijaipur, District- Gopalganj.

Indrawati Devi W/O Jay Ram Yadav R/O Village- Kawlachak Paschim Tola, P.S- Vijaipur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Madhura Nand Jha

... ... Opposite Party/s

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 13-02-2025

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 304(B) / 34 of the Indian Penal Code.

Prosecution case, in brief, is that sister of informant was married with co-accused Mukesh Yadav on 29.05.2023 and it is alleged that after some time of marriage, informant received an information that his sister was lying unconscious and when informant went to matrimonial house of his sister, he saw that his sister was lying dead. Informant suspects that due to nonfulfillment of demand of dowry, all the accused persons including petitioners killed his sister.

Patna High Court CR. MISC. No.4981 of 2025(2) dt.13-02-2025 2/2

Petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. There is general and omnibus allegation. As a matter of fact, the deceased committed suicide. Petitioners are separate in mess and property and have got no concern with the family affairs of deceased and her husband. Thrust of the accusation is against husband of the deceased, who is already in custody.

Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioners.

However, considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate – VI, Gopalganj in connection with Vijaipur P.S. Case No. 18 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

anay

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