Patna High Court

Babudhan ChaudharyversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted bail to the petitioner subject to a bond, sureties, surrender within four weeks, and payment of interim maintenance.

Summary

Petitioner Babudhan Chaudhary applied for bail after being implicated in a criminal case (PS Case No. 733 of 2024) arising from matrimonial discord and alleged cruelty by his wife, Saraswati Devi, who claimed dowry-related harassment and ouster from the marital home. The informant alleged offences under several sections of the Bihar Negotiable Statutes (BNS), including offences related to cruelty, dowry, and assault. The petitioner contended that the allegations were fabricated and that he had even filed for dissolution of marriage in family court. The court, after considering the circumstances, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, provided he surrenders within four weeks and pays interim maintenance of Rs.3,000 per month to the informant. The bail was conditioned on compliance with the maintenance order and satisfaction of the Sub-Divisional Judicial Magistrate, Dehri.

Issues considered

Whether bail should be granted to the petitioner in view of the alleged offences under the BNS.
Whether the allegations constitute a cognizable offence warranting arrest.
Whether the petitioner should be directed to pay interim maintenance to the informant.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 115(2), 117(2), 117(3), 117(4), 126(2), 3(5), 351(2), 351(3), 352, 85

Subjects

bail
matrimonial dispute
dowry cruelty
interim maintenance
criminal procedure
Bihar Negotiable Statutes
domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50006 of 2025
                     Arising Out of PS. Case No.-733 Year-2024 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Babudhan Chaudhary S/o Shrawan Chaudhary R/o Village- Sita Bigham, PS-
                 Sasaram M, , Dist- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Saraswati Devi D/o Late Ashok Kumar Chaudhary R/o Village- Islamganj ,
                 Ward no. 23, PS- Dehri Town , Dist- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajani Kant Singh
                 For the State            :        Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                                None appeared on behalf of the informant,

                   whereas the counsel for the petitioner is in appearance.

                                        2. The petitioner apprehends his arrest for the

                   offences alleged under Sections 126(2), 115(2), 117(2), 117(3),

                   117(4), 85, 3(5), 352, 351(2) and 351(3) of the BNS, registered

                   in connection with Dehri Town P.S.Case No. 733 of 2024.

                                    3. The matter originates from the matrimonial

                   discord.

                                    4. The informant alleges cruelty on the part of the

                   in-laws, including the petitioner (husband) variously for want of

                   dowry and ultimately she was ousted from her matrimonial

                   home.
           Patna High Court CR. MISC. No.50006 of 2025(5) dt.11-02-2026
                                                       2/2




                                     5. The learned counsel for the petitioner has

                     submitted that the petitioner is innocent and the entire allegation

                     is fabricated and concocted. It is further submitted that it is the

                     informant who has developed the habit of quarreling with the

                     petitioner on petty issues. The petitioner tried his level best to

                     keep her with full honour and dignity, but all his efforts ended in

                     futility and ultimately he filed a matrimonial case for dissolution

                     of marriage in the family court.

                                     6. Considering the entire aspect of the matter, let

                     the petitioner above-named, in the event of his arrest or

                     surrender within four weeks from the date of communication of

                     this order,     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 learned SDJM, Dehri, Rohtas in connection

                     with Dehri Town P.S.Case No. 733 of 2024, subject to the

                     condition that the petitioner shall make payment of Rs. 3000/-

                     (Rupees three thousand)                  per month, as an interim

                     maintenance, to the informant (o.p.no.2).



                                          (Nawneet Kumar Pandey, J)

HR/-

U      T

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