IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47592 of 2026 Arising Out of PS. Case No.-92 Year-2025 Thana- Charkapathar District- Jamui ====================================================== Narayan Yadav S/o Paro Yadav R/o vill- Bishanpur, P.S.- Charkapathar (Sono), Distt.- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 17-08-2026 Heard the learned counsel appearing on behalf of the petitioner and the learned APP appearing on behalf of the State. 2. The petitioner seeks regular bail in connection with Charkapathar P.S. Case No. 92 of 2025, registered for the offense under Sections 103(1), 238, 61(2) and 3(5) of the Bhartiya Nyay Sanhita. 3. As per the prosecution case, the informant’s daughter, Phulo Devi, aged about 25 years, was married to Narayan Yadav of Bishanpur and had two minor daughters. It is alleged that her husband, co-accused persons and other in-laws used to subject her to cruelty and threatened to kill her for giving birth to a girl child. On 19.08.2025, Narayan Yadav and his family members allegedly assaulted Phulo Devi and caused her death. Thereafter, with an intention to conceal the dead Patna High Court CR. MISC. No.47592 of 2026(3) dt.17-08-2026 2/4 body, they allegedly threw it into a well near Garbhutand. The informant received information regarding the occurrence from his daughter Pramila Devi and, upon reaching the spot with family members and villagers, found the dead body and informed the police. It is further alleged that after the occurrence, all the accused person fled away from the house. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this present case. He further submits that the petitioner has no role in the alleged incident. It is further submitted that, as reflected in the post-mortem report, the cause of death is due to asphyxia caused by drowning. Learned counsel further submits that there is no eye-witness to the alleged incident. It has further been submitted that, as stated in paragraph- 23, 24 and 25 of the case diary, Phulo Devi herself jumped into the well along with her two daughters. All three were taken out of the well, wherein the two daughters were saved, but Phulo Devi died due to drowning. After investigation, the police have submitted charge-sheet under Section 108 of the B.N.S. in the present case. There is no allegation of tampering with the witnesses against the petitioner. Learned counsel further submits that petitioner has no criminal antecedent and he Patna High Court CR. MISC. No.47592 of 2026(3) dt.17-08-2026 3/4 is in judicial custody since 25.03.2026. 5. Per Contra, the learned APP for the State vehemently opposed the prayer for grant of regular bail and submits that the alleged offence is heinous in nature and the involvement of the petitioner cannot be ruled out, though it is a fact that the charge-sheet has been submitted under Section 108 of the B.N.S. It is further submitted that the allegation against the petitioner is of abetment of suicide and that the petitioner had played a vital role, which compelled the deceased to take such a harsh step. Therefore, it is submitted that the petitioner does not deserve to be enlarge on regular bail. 6. Considering the aforesaid facts and circumstances of the case and also the fact that that there is no eye-witness to the alleged incident and it has been stated in paragraph- 23, 24 and 25 of the case diary, Phulo Devi herself jumped into the well along with her two daughters and also the fact that there is no allegation of tempering with the witnesses against the petitioner, the petitioner has no criminal antecedent as well as considering the period of custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Jamui Patna High Court CR. MISC. No.47592 of 2026(3) dt.17-08-2026 4/4 in connection with Charkapathar P.S. Case No. 92 of 2025, subject to the following conditions: (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Aman/- (Girijish Kumar, J) U T