Patna High Court

Jitendra ChaudharyversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Jitendra Chaudhary, applied for anticipatory bail fearing arrest in Atri P.S. Case No. 390 of 2025, which alleges offences under Sections 85, 103(1) and 3(5) of the B.N.S., 2023 relating to dowry cruelty and the alleged death of his daughter-in-law. The prosecution’s case is based on a complaint by Raushni Devi, who alleged severe cruelty and eventual death due to dowry demands. The petitioner contended he is innocent, has no criminal antecedent, and is being falsely implicated as the father‑in‑law, with the actual accused already in custody. The State opposed the bail. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the allegations of dowry‑related offences.
Whether the petitioner’s alleged involvement warrants pre‑emptive detention.

Legislation cited

B.N.S., 2023 — s. 103(1), 3(5), 85
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
dowry cruelty
section 85
section 103(1)
section 3(5)
section 482(2)
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6419 of 2026
                          Arising Out of PS. Case No.-390 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Jitendra Chaudhary S/o Ram Lal Chaudhary Resident of Village and P.O -
                 Taunsa Bazar, P.S . - Atari, District- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard Mr. Ramakant Singh, learned counsel for the

                   petitioner and Mr. Manoj Kumar, learned APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Atri P.S. Case No. 390 of 2025 instituted for the offence under

                   Sections 85, 103(1), 3(5) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   informant, namely, Raushni Devi was married to one Nitish

                   Chaudhary in the year 2014. It is further alleged that the informant

                   was subjected to cruelty on account of non-fulfillment of dowry

                   demand. Out of this wedlock, she gave birth to three daughters;

                   after that, she was being assaulted by the in-laws. She was also

                   being assaulted on the ground that she was not having son. It is

                   further alleged that she was ultimately killed.
          Patna High Court CR. MISC. No.6419 of 2026(2) dt.09-02-2026
                                                      2/2




                                 4. Learned counsel appearing on behalf of the petitioner

                    has submitted that petitioner is innocent and has committed no

                    offence. He has falsely been implicated in this case. He also

                    submits that petitioner is father-in-law. The husband is already in

                    custody. He also submits that the nature of allegation is general

                    and omnibus. He further submits that a statement has been made

                    in para-3 of this petition that the petitioner has got no criminal

                    antecedent.

                                 5. In contra, learned APP appearing for the State has

                    opposed the prayer of bail of the petitioner.

                                 6. Having heard learned counsel for the parties and in

                    the facts and circumstances of the case as stated above, this Court

                    is inclined to enlarge the petitioner on bail. The petitioner is

                    directed to surrender in the Court below within a period of four

                    weeks from today and in the event of his arrest or surrender in

                    connection with Atri P.S. Case No. 390 of 2025, he will be

                    enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                    ten thousand) with two sureties of the like amount each to the

                    satisfaction of learned A.C.J.M.-IV, Gaya Jee subject to the

                    conditions as laid down under section 482(2) of the B.N.S.S.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

Continue reading with your account

Checking your session…