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Patna High Court

Ashok ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond of Rs 10,000, two sureties and the condition of cooperating with the investigation.

Summary

The petitioners – Ashok Choudhary, Kabutari Devi and Rekha Devi – who are the father‑in‑law, mother‑in‑law and sister‑in‑law of a deceased woman, applied for anticipatory bail fearing arrest in a dowry‑death case registered under Sections 109(1) and 80 of the B.N.S. The FIR alleged that the deceased was poisoned because of a dowry demand. The petitioners contended that the death was a suicide arising from marital discord, that the husband – the primary accused – is already in custody, and that no prior dowry complaint had been made. The State opposed the bail. After considering the general and omnibus nature of the allegations, the custody of the principal accused, and the provisions of Section 438 of the CrPC and Section 482 of the B.N.S.S, 2023, the Court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties and subject to cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482 of the B.N.S.S, 2023 in the present dowry‑death case
  • Whether the allegations against the petitioners constitute sufficient ground for their arrest

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438
  • Section 482
  • Section 109
  • Section 80
  • Bihar
  • High Court
  • FIR
  • suicide
  • marital discord

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 7456 of 2026
                        Arising Out of PS. Case No.-277 Year-2024 Thana- ROHTAS District- Rohtas
                 ======================================================
           1.     Ashok Choudhary Son of Farahari Choudhary Resident of Village -
                  Pipardih, P.S - Rohtas, District - Rohtas, Bihar.
           2.    Kabutari Devi W/o Ashok Choudhary Resident of Village - Pipardih, P.S
                 -Rohtas, District - Rohtas, Bihar.
           3.    Rekha Devi Wife of Santosh Choudhary Resident of Village - Pipardih, P.S
                 -Rohtas, District - Rohtas, Bihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Taramuni Devi W/o Late Babulal Choudhary R/o Village - Jamua, P.S. -
                 Rohtas, Dist. - Rohtas(Sasaram).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Deepsikha, Advocate
                 For the Opposite Party/s :        Mr. Gulnar Begum, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                       Heard Ms. Deepsikha, the learned counsel for the

                   petitioners and Mr. Gulnar Begum, the learned A.P.P for the

                   State.

                                    2. The petitioners apprehend their arrest in a case

                   registered under Sections 109 (1) and 80 of B.N.S.

                                    3. The allegation in the First Information Report is

                   that of causing death of the daughter of the informant by

                   administering poison on account of non-fulfillment of demand

                   of dowry.

                                    4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No. 7456 of 2026(2) dt.04-02-2026
                                             2/3




          the petitioners happen to be the father-in-law, mother-in-law and

          sister-in-law of the deceased and general and omnibus

          allegations with regard to demand of dowry and torture have

          been imputed against the petitioners. It has also been submitted

          that on account of some matrimonial discord between the

          husband and wife, the deceased had committed suicide. It could

          be a case of suicide by the deceased wherein no role could be

          attributed to these petitioners who are living separately from the

          deceased and her husband. It is also a fact that the incident has

          taken place five years after the marriage and in the interim

          period there has been no earlier complain made by the victim

          with regard to demand of dowry etc. Further, it is submitted and

          has also been specifically stated in paragraph 13 of the

          application that the husband of the deceased is in custody

                          5. The application for anticipatory bail is opposed

          by learned A. P.P. for the State.

                          6.Taking       into      consideration   the   facts   and

          circumstances and also considering the general and omnibus

          nature of allegations against the petitioners who are the in-laws,

          coupled with the fact that the husband of the deceased who is

          primarily responsible for the welfare of his wife, is already in

          custody, let the petitioners, in the event of their arrest or
             Patna High Court CR. MISC. No. 7456 of 2026(2) dt.04-02-2026
                                                          3/3




                       surrender before the learned Court below within a period of four

                       weeks, be released on anticipatory bail in connection with

                       Rohtas P.S. Case No. 277 of 2024 of on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                       the like amount each to the satisfaction of the learned Court

                       below where the case is pending subject to the condition laid

                       down under Section 438(2) of the Code of Criminal

                       Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the

                       conditions that the petitioner would cooperate in the

                       investigation.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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