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Patna High Court

Ashok Chaudhary @ Ashok Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, despite the prior breach, considering the circumstances and pending matters.

Summary

Ashok Chaudhary was charged under Sections 498A, 341, 323, 379, 504, 506/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for allegedly demanding dowry and assaulting his wife, Rubi Kumari, resulting in her hospitalization. He had earlier been granted anticipatory bail with a condition to pay Rs.5,000 per month as maintenance, which he allegedly violated, leading to cancellation of his bail and custody from 26 January 2026. The petitioner sought regular bail, claiming innocence and that the allegations were false, while the State and the informant opposed bail on grounds of prior bail violation and non‑payment of maintenance. The court considered the seriousness of the offences, the breach of the earlier bail condition, and the pending maintenance case, and decided to release the petitioner on bail with a bond of Rs.10,000, two sureties, and specific conditions including attendance in court and mediation in the maintenance matter. The order also directed the petitioner to appear before the Family Court for mediation and warned of consequences for non‑appearance.

Issues considered

  • Whether the petitioner is entitled to bail despite violation of the condition of his earlier anticipatory bail order
  • Whether the seriousness of the dowry‑related offences warrants denial of bail
  • Whether the pending maintenance case and alleged non‑payment affect the grant of bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • anticipatory bail
  • maintenance
  • IPC
  • Dowry Prohibition Act
  • violation of bail conditions
  • family law
  • mediation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.32366 of 2026
                        Arising Out of PS. Case No.-10 Year-2019 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Ashok Chaudhary @ Ashok Kumar Chaudhary S/o Mathura Chaudhary
                 Resident of Village - Maher, P.S. Tankuppa, District - Gaya ji.

                                                                                  ... ... Petitioner/s

                                                       Versus

           1.    The State of Bihar
           2.    Rubi Kumari W/o Ashok Choudhary Resident of Village - Maher, P.S.
                 Tankuppa in the District of Gaya Ji.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sanjeev Kumar, Advocate
                                                  Mr. Manoj Vatsal, Advocate
                 For the State           :        Mr.Sanjay Kumar Tiwary, APP
                 For O.P. No. 2          :        Mr. Deepak Kumar, Advocate
                                                  Mr. Bishwanath Mahto, Advocate
                                                  Mr. Anil Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel appearing on behalf

                   of the informant-opposite party no. 2.

                                  02. In the present case, the petitioner seeks bail in

                   connection with Tankuppa P.S. Case No. 10 of 2019 registered

                   for the alleged offences under Sections 498A, 341, 323, 379,

                   504, 506/34 of the Indian Penal Code and Section 3/4 of Dowry

                   Prohibition Act.
Patna High Court CR. MISC. No.32366 of 2026(2) dt.12-05-2026
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                       03. As per prosecution case, the petitioner married

          with opposite party no. 2 and the allegation against the

          petitioner and other co-accused persons is that they had been

          demanding Rs.One lakh in dowry and tortured the informant. In

          one such assault the informant received injury and was even

          hospitalized.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. No occurrence in the manner as alleged has ever taken

          place. The petitioner earlier approached this Court for grant of

          anticipatory bail and he was given privilege of anticipatory bail

          vide order dated 26.11.2019 passed in Cr. Misc. No. 45879 of

          2019. Thereafter, the order was modified vide order dated

          07.07.2020 passed in Cr. Misc. No. 6393 of 2020. However, one

          of the conditions was that the petitioner was to make payment of

          Rs.5,000/- per month to the informant towards her maintenance.

          For violation of the said condition, the bail bond of the

          petitioner was cancelled and he was taken in custody on

          26.01.2026. Learned counsel further submits that the imposing

          condition of payment of maintenance amount at the time of

          considering of prayer for bail was held to be irrelevant by

          Hon'ble Apex Court in the case of Srikant Kumar @ Shrikant
Patna High Court CR. MISC. No.32366 of 2026(2) dt.12-05-2026
                                            3/5




          Kumar Vs. The State of Bihar in SLP (Crl.) No. 13083 of 2023.

          Learned counsel further submits that the allegations are false

          and concocted and the petitioner is ready to keep his wife with

          honour and dignity. The petitioner is having antecedent of two

          criminal cases of similar nature. The petitioner is in custody

          since 16.01.2026 and charge sheet has been submitted.

                       05. Learned APP as well as learned counsel appearing

          on behalf of the informant-opposite party no. 2 vehemently

          oppose the submission made on behalf of the petitioner. Learned

          counsel for the informant submits that the petitioner has earlier

          violated the terms of earlier bail order allowing him the

          privilege of anticipatory bail and therefore, the petitioner does

          not deserve any sympathy. Learned counsel further submits that

          the petitioner is not genuinely interested in settlement and has

          solemnized another marriage. Learned counsel further submits

          that the petitioner did not take care of the informant or their son

          and has not paid any maintenance amount to them though the

          informant has already filed Maintenance Case No. 96 of 2019 in

          the court of learned Principal Judge, Family Court, Gayaji.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and submission of charge
Patna High Court CR. MISC. No.32366 of 2026(2) dt.12-05-2026
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          sheet, the petitioner above named is directed to be released on

          bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Sub-divisional Judicial Magistrate, Gaya Ji/concerned

          Court in connection with Tankuppa P.S. Case No. 10 of 2019,

          subject to the conditions mentioned in Section 480(3) of

          B.N.S.S. and also the following conditions:

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present

                                          on each and every date fixed by the

                                          court below.

                                          (iii) In case of absence on three

                                          consecutive dates or in violation of the

                                          terms of the bail, the bail bond of the

                                          petitioner will be liable to be cancelled

                                          by the court concerned.

                       07.    However,        the    petitioner   will   appear   in

          Maintenance Case No. 96 of 2019 before the learned Principal

          Judge, Family Court, Gaya Ji and the learned Family Court is

          directed to refer the matter of the petitioner and the informant to

          a learned Mediator for exploring the possibility of settlement
            Patna High Court CR. MISC. No.32366 of 2026(2) dt.12-05-2026
                                                        5/5




                      and if the petitioner fails to appear before the learned Family

                      Court, action would be taken against the petitioner by the said

                      Court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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