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2025 DAILYLAW 73635 (PAT)

Fagulal Yadav @ Fagu Lal Ray Yadav v. The State of Bihar

CR. MISC./63187/2025 · 2025-09-15

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62663 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- Sinha District- Bhojpur ====================================================== 1. Manju Devi W/o- Fagulal Yadav Village- Chhinegaon, P.S.- Sinha, District- Bhojpur 2. Madhu Kumari D/o- Fagulal Yadav Village- Chhinegaon, P.S.- Sinha, District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63187 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- Sinha District- Bhojpur ====================================================== 1. Fagulal Yadav @ Fagu Lal Ray Yadav son of Late Bharat Yadav Resident of Village-Chhinegaon PS -Sinha District- Bhojpur 2. Krishna Yadav son of Late Bharat yadav Resident of Village-Chhinegaon PS -Sinha District- Bhojpur 3. Rahul yadav son of Fagulal yadav @ Fagu Lal Ray Yadav Resident of Village-Chhinegaon PS -Sinha District- Bhojpur 4. Rohit Yadav son of Fagulal yadav @ Fagu Lal Ray yadav Resident of Village-Chhinegaon PS -Sinha District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 62663 of 2025) For the Petitioner/s : Mr. Diwakar, Adv. Mr. Deepak Kumar, Advocate Mr. Sonu Kr. Yadav, Advocate Mr. Prushotam Kumar, Adv For the Opposite Party/s : Mr. Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 63187 of 2025) For the Petitioner/s : Mr. Diwakar, Adv For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 15-09-2025 1. Heard learned counsel for the petitioners as well Patna High Court CR. MISC. No.62663 of 2025(2) dt.15-09-2025 2/4 as learned APP for the State. 2. Both the cases are arising out same P.S. and hence, are being taken up altogether. 3. The petitioners apprehends their arrest in connection with Sinha P.S. Case no. 56 of 2025 registered under Sections 85, 108 & 3(5) of the B.N.S, 2023. 4. The allegation in the first information report is that the informant's sister Putul Devi, who had married to Chhotan Yadav 20 years ago, committed suicide in the house of the informant due to depression on account of bad behavior meted out to her by her husband as well as her in-laws. 5. Learned counsel for the petitioners submits that it would be evident from the perusal of the first information report itself that the marriage of the deceased was 20 years old and it has been stated that for 10 years of her marriage things were fine, and only thereafter all the accused persons started torturing the deceased, and the husband of the deceased deserted her and was not taking any care of her by even sending some expenses. It has also been pointed out that the allegation against the husband of the deceased having some illicit relation with his sister-in-law is false and concocted. It is an admitted fact that the deceased was staying along with the informant and the death Patna High Court CR. MISC. No.62663 of 2025(2) dt.15-09-2025 3/4 happened in the house of the informant, which was duly informed to the police after performing the cremation. Further, there are general allegations of torture against the present petitioners. However, the thrust of the allegation remains on the husband of the deceased who is in custody. It has also been submitted that there are no definite acts of incitement or instigation given so as to make out a case under Section 108 of the B.N.S.. The petitioners undertake to cooperate in the case/trial. 6. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground of seriousness of the offence. 7. Taking into consideration the aforesaid facts and circumstances of the case and also considering that there are general and omnibus allegation against these petitioners and the thrust of the allegation being against husband of the deceased who is primary responsible for welfare of his wife, who is in custody, and also considering that mere harassment would not constitute an offence of abetment of suicide in absence of any definite acts of instigation as held by the Hon'ble Apex Court, let the above named petitioners who have no criminal antecedent, in the event of their arrest or surrender before the learned Court below Patna High Court CR. MISC. No.62663 of 2025(2) dt.15-09-2025 4/4 within a period of four weeks, be released on anticipatory bail in connection with Sinha P.S. Case no. 56 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M-Ist, Bhojpur at Ara/ Concerned Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. krishnakant/- (Soni Shrivastava, J) U T