Dismissed¶20

Amir Yadav v. The State of Bihar

Patna HC1 Aug 2025CR. MISC./5289/2025

Case brief

AI extract

What is this about?

Regular bail rejected; dowry-death case under Sections 304B & 34 IPC and 3/4 D.P. Act; petitioner is husband of deceased; Gogri P.S. Case No. 106 of 2024, District Khagaria; prosecution alleges dowry-demand harassment and murder; post-mortem reportedly asphyxia due to strangulation; defence points: general/omnibus allegation, no specific overt act, alleged suicide by hanging due to poor mental condition, petitioner working as labourer at Patna on date of occurrence; custody since 04.09.2024; single judge (Prabhat Kumar Singh, J); decided 01-08-2025; no precedent cases engaged.

What did the court decide?

Considering the facts and circumstances of the case, the nature of accusation and the gravity of the offence, the petitioner's prayer for regular bail is rejected. ¶20

Amir Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5289 of 2025

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Arising Out of PS. Case No.-106 Year-2024 Thana- GOGRI District- Khagaria

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Amir Yadav S/o Kailash Yadav R/o Village- Pitaujhiya, P.S.- Gogri, DistrictKhagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh, Advocate For the Opposite Party/s : Mr. Asha Kumari , APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 01-08-2025

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

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Petitioner seeks regular bail in connection with Gogri P.S. Case No. 106 of 2024 , in a case registered for the offences punishable under Sections 304B & 34 of the Indian Penal Code and 3/ 4 of the D. P Act.

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3 . As per the prosecution case , the marriage of sister of informant was solemnized with this petitioner and after marriage , she went to her matrimonial house wherein this petitioner along with other FIR named accused persons used to harass and torture her for demand of dowry and due to nonfulfillment of the same , accused persons committed murder of the sister of the informant. Petitioner is the husband of the deceased.

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Patna High Court CR. MISC. No.5289 of 2025(4) dt.01-08-2025 2/3

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Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case only because he happens to be the husband of the deceased. Allegation is general and omnibus against this petitioner and no specific overt act is alleged against him. As a matter of fact, the mental condition of sister of informant namely Gunajan Kumari (deceased) was not well and due to the same she committed suicide by hanging herself with ceiling fan. He further submits that petitioner has not committed any torture or demanded dowry. He further submits that on the date of occurrence, this petitioner along with his brother Upendra Ray was working as labourer under contractor at Patna . Petitioner is in custody since 04.09.2024 .

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5 . Learned A.P.P. for the State vehemently opposes the bail application and submits that petitioner is husband of the deceased and there is direct allegation against him of demand of dowry and torture and due to non-fulfillment of the same , the deceased was murdered by accused persons. During the course of investigation informant and witnesses have supported the case of prosecution . The post-mortem report mentions the cause of death of deceased was asphyxia due to strangulation .

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