Bhavesh Kumar Yadav @ Pappu @ Bhawesh Kumar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bhavesh Kumar Yadav @ Pappu @ Bhawesh Kumar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release on bail directed: bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, bailors to be local with sufficient immovable property within the jurisdiction of the Court concerned, to the satisfaction of the Judicial Magistrate, 1st Class, Saharsa; petitioner to co-operate in the trial and be represented on every date fixed; prosecution at liberty to seek cancellation of bail on tampering with evidence or witnesses; trial Court to cancel the bail bond if the petitioner is found involved in a similar offence; and District Court to verify the petitioner's criminal antecedents per paragraph no. 3 of the bail application, failing which (if another pending case emerges) the order lapses automatically.

Issue for consideration

Whether the petitioner, prosecuted for offences under Sections 323, 498(A) and 504 of the Indian Penal Code in Complaint Case No. 607 of 2019, should be released on regular bail.

Court's answer

Prayer for regular bail granted: considering the petitioner's stated readiness to reconcile with opposite party no. 2 and to file a restitution petition before the Family Court having jurisdiction, the Court directed the learned District Court to release the petitioner on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Saharsa, subject to five enumerated conditions.

Ratio / Principle

Antecedent safeguard attached to the bail grant: the learned District Court must verify the criminal antecedents of the petitioner as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioner beyond what was stated there, the bail order loses its force automatically.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.6068 of 2025 (arising out of PS/Complaint Case No. 607 of 2019, Thana/District Saharsa), oral decision of 14-02-2025 by Purnendu Singh, J. Petitioner Bhavesh Kumar Yadav @ Pappu, facing prosecution under Sections 323, 498(A) and 504 of the Indian Penal Code for alleged cruelty to and torture of the complainant (his wife, opposite party no. 2 Rinku Devi) over non-fulfilment of a dowry demand and forcible ouster from the matrimonial house, sought regular bail. Petitioner's counsel intimated his client's readiness to live with opposite party no. 2 and to file a restitution petition before the Family Court having jurisdiction; counsel for opposite party no. 2 and the A.P.P. opposed the prayer. Considering the petitioner's reconciliatory posture, the Court directed the learned District Court to release him on bail upon a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, the bailors to be local persons with sufficient immovable property within the jurisdiction of the Court concerned, to the satisfaction of the Judicial Magistrate, 1st Class, Saharsa, subject to conditions: (i)-(ii) local property-owning bailors and full co-operation in, and representation at, the trial on every date fixed; (iii) liberty to the prosecution to move for cancellation of bail if the petitioner tampers with evidence or witnesses; (iv) cancellation steps by the trial Court if the petitioner is found involved in a similar offence after release; and (v) verification by the District Court of the criminal antecedents stated in paragraph no. 3 of the bail application, with the order losing force automatically if any other case is found pending against the petitioner.