Patna High Court
CHANDAN KUMAR CHAUDHARY @ CHANDAN CHAUDHARY @ CHANDAN KUMAR CHOUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
Petitioner Chandan Kumar Chaudhary sought anticipatory bail fearing arrest in a dowry‑related case (Biraul PS Case No. 260 of 2019) filed under IPC sections 498A and 34 and Section 3 of the Dowry Prohibition Act. He claimed innocence, alleging false implication and noting that the informant Archana Devi had died during the pendency of the case. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail subject to a bail bond, sureties, and a maintenance order in favor of the informant’s son. The order also stipulated compliance with any pending maintenance proceedings and allowed the State to seek cancellation if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case involving alleged dowry harassment under IPC 498A/34 and the Dowry Prohibition Act.
- Whether the death of the informant affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 34 IPC
- Dowry Prohibition Act
- maintenance order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34373 of 2025
Arising Out of PS. Case No.-260 Year-2019 Thana- BIRAUL District- Darbhanga
======================================================
Chandan Kumar Chaudhary @ Chandan Chaudhary @ Chandan Kumar
Choudhary S/O Dayanand Chaudhary R/O Vill- Pokhram, P.S.- Biraul,
District- Darbhanga
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Archana Devi W/O Chandan Choudhary R/O Vill - Pokhram, P.S.- Biraul,
Distt.- Darbhanga, Presently R/O Vill - Hansi Tole, Situahi, P.S.- Biraul,
Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Biraul P.S. Case No. 260 of 2019 registered for the offence
under Sections 498(A)/34 of the Indian Penal Code and Section
¾ of the DP Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that there is general
Patna High Court CR. MISC. No.34373 of 2025(5) dt.19-02-2026
2/3
and omnibus allegation against the petitioner and the informant
of the case, Archana Devi had already died during the pendency
of this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application of grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M,
Biraul/concerned Court below in connection with Biraul P.S.
Case No. 260 of 2019 subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to
pay a maintenance amount of Rs. 6000/-
from the month of February 2026 to the son
of the informant, Shivam Choudhary who is
Patna High Court CR. MISC. No.34373 of 2025(5) dt.19-02-2026
3/3
under the guidance of his grandmother,
Rajni Devi and the maintenance for the
month of February 2026 shall be paid to him
within ten days from today and thereafter the
maintenance amount shall be paid to him
every month before the 10th day of the month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Darbhanga through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…