Patna High Court
Mahavir ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions.
Summary
The petitioners, six relatives of an informant, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The prosecution alleges that the petitioners, along with other accused, tortured the informant for a dowry demand of Rs. 5,00,000. The petitioners contend they are innocent, have clean antecedents, and are not involved in the marital affairs of the informant, describing the allegations as general and omnibus. The State opposed the bail application. The Court observed that the primary thrust of the accusation is against the informant's husband and, therefore, granted anticipatory bail to the petitioners subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the allegations against the petitioners under the cited sections warrant denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 3(5), 351(2), 351(3), 82(1), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- criminal law
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- bail conditions
- over-implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43717 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
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1. Mahavir Chaudhari S/o Rameshwar Chaudhari R/o Village - Koshila, P.O -
Kosila, P.S - Magadh University, Bodhgaya, District - Gaya
2. Geeta Devi W/o Nagendra Chaudhari R/o Village - Koshila, P.O - Kosila,
P.S - Magadh University, Bodhgaya, District - Gaya
3. Vikas Kumar S/o Nagendra Chaudhari R/o Village - Koshila, P.O - Kosila,
P.S - Magadh University, Bodhgaya, District - Gaya
4. Arvind Kumar S/o Mahaveer Chaudhari R/o Village - Koshila, P.O - Kosila,
P.S - Magadh University, Bodhgaya, District - Gaya
5. Ravi Kumar S/o Suresh Chaudhari R/o Village - Dhangai, P.O - Pataluka,
P.S - Dhangai, District - Gaya
6. Anjali Kumari W/o Ravi Chaudhari R/o Village - Dhangai, P.O - Pataluka,
P.S - Dhangai, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Kumari D/o Shankar Chaudhari R/o Village - Sahanu, P.O - Saindwa,
Pan Bagula, P.S - Mohanpur, District - Gaya
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 115(2), 82(1), 85,
351(2), 351(3) and 3(5) of Bhartiya Nyaya Sanhita and Sections
3/4 of the Dowry Prohibition Act.
3. Prosecution case, in brief, is that marriage of the
Patna High Court CR. MISC. No.43717 of 2026(2) dt.08-07-2026
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informant was solemnized with co-accused Akash Kumar in the
year 2025. Thereafter, it is alleged that these petitioners, along
with other F.I.R. named accused persons, tortured and harassed
the informant due to non-fulfillment of demand of dowry of Rs.
5,00,000/- (Five Lakhs).
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 is Nana Sasur, petitioner no. 2 is Mother-in-law,
petitioner no. 3 is Bhaisur, petitioner no. 4 is Mamu Sasur,
petitioner no. 5 is Nandosi and petitioner no. 6 is Nanad of the
informant. Allegation against petitioners is general and
omnibus. Petitioners are separate in mess and property and they
are simply victims of over-implication. They are not concerned
with family affairs of the couple. Moreover, thrust of accusation
is against husband of the informant. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that thrust of accusation is
against the husband of the informant, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
Patna High Court CR. MISC. No.43717 of 2026(2) dt.08-07-2026
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a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Learned A.C.J.M.-VIII, Gayajee in connection with Magadh
University P. S. Case No. 280 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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