Patna High Court
Ashok ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S., 2023 — s. 109(1), 482(2), 80
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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