Patna High Court
Pradeep ChouhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
Petitioner Pradeep Chouhan, husband of the informant Dhanawati Devi, was arrested in connection with a dowry harassment case (sections 498A, 34 IPC and sections 3, 4 of the Dowry Prohibition Act). He applied for regular bail, claiming he was falsely implicated and has no prior criminal record. The State opposed bail, arguing the FIR contains direct allegations against him. After hearing both sides and noting that the petitioner had been in custody since 9‑Dec‑2025 and that a charge‑sheet had been filed, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The petitioner undertook to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the dowry harassment allegations under sections 498A, 34 IPC and the Dowry Prohibition Act
- Whether the petitioner’s claim of false implication and lack of criminal antecedents warrants bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- dowry harassment
- section 498A
- bail
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20646 of 2026
Arising Out of PS. Case No.-117 Year-2018 Thana- ITARHI District- Buxar
======================================================
Pradeep Chouhan Son of Chhunu Choudhary R/o Village - Khemrajpur, P.S. -
Dhansoi, Dist. - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dhanawati Devi W/o Pradeep Chouhan D/o Chhangur Chaudhary R/o
Village - Basaaw Gajrihi, P.S. - Itarhi, Dist. - Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
Mr. Anand Kumar Ojha, Advocate
Mr. Bachan Jee Ojha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 08-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Itarhi P.S. Case no.117
of 2018 registered under sections 498A and 34 of the Indian
Penal Code and sections 3 and 4 of the D.P. Act.
3. As per the prosecution case, the informant states
that she was married to the petitioner. At the time of marriage,
various articles by way of dowry were given to the petitioner. It
is further stated that the accused persons including the petitioner
herein assaulted and tortured her by not giving her food and
Patna High Court CR. MISC. No.20646 of 2026(4) dt.08-07-2026
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medicines. Hence the instant case.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of
being the husband of the informant. The allegations are
absolutely false and concocted and categorically denied. No
such occurrence as alleged in the FIR has taken place. The
petitioner is in custody since 9.12.2025 and has no criminal
antecedent. He undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is direct allegation
against the petitioner who happens to be the husband of the
informant. On the material that has transpired in course of
investigation, cognizance has been taken in the learned Court
below.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegations against the
petitioner in the FIR together with the petitioner having
remained in custody since 9.12.2025 and chargesheet having
been submitted in the case, the petitioner is directed to be
enlarged on bail in connection with Itarhi P.S. Case no.117 of
2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.20646 of 2026(4) dt.08-07-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M, Buxar.
(Partha Sarthy, J)
Shiv/-
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