Patna High Court

Awadhesh Kumar Choudhary @ Awadhesh Choudhary @ Awadhesh Kumar @ Adwesh Kumar ChoudharyversusThe State of Bihar

Decided: 13 February 2026
Disposal: REJECTED
Bench: SONI SHRIVASTAVA

Holding

Bail was not granted to the petitioner at this stage.

Summary

The petitioner, Awadhesh Kumar Choudhary, was arrested in connection with the alleged killing of his wife, alleged to be a dowry‑related death, and is charged under IPC Sections 341, 323, 304(B) and 34. He applied for bail, arguing that the marriage had lasted twenty years, there were no prior complaints, no eyewitnesses, and he has no criminal antecedents. The State opposed bail, highlighting that the post‑mortem report shows death by manual strangulation and that the petitioner, as the husband, was primarily responsible for the victim’s welfare. The Court examined the seriousness of the offence, the nature of the evidence, and the fact that the alleged murder occurred in the matrimonial house. Considering these circumstances, the Court declined to grant bail at this stage but directed the trial court to expedite the proceedings. The petitioner was permitted to file a fresh bail application if substantial developments occur in the trial.

Issues considered

Whether bail should be granted to the accused in a murder case involving alleged dowry‑related death under IPC Sections 302/304(B) and related offences.

Legislation cited

Indian Penal Code — s. 302, 304B, 323, 34, 341

Subjects

bail
murder
dowry death
IPC
asphyxial death
manual strangulation
matrimonial house
trial court
expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75154 of 2025
                      Arising Out of PS. Case No.-190 Year-2020 Thana- AMARPUR District- Banka
                 ======================================================
                 Awadhesh Kumar Choudhary @ Awadhesh Choudhary @ Awadhesh Kumar
                 @ Adwesh Kumar Choudhary S/o Bacchilal Choudhary @ Bachhi Choudhary
                 Resident Of Village- Rampur, Ps -Amarpur, Dist- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   13-02-2026                   Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 341, 323, 304 (B) and 34 of the

                   Indian Penal Code.

                                3. As per the prosecution case, petitioner and others killed

                   the sister of the informant for non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that it is

                   itself evident from the First Information Report that the marriage

                   between the deceased and the petitioner had taken place twenty years

                   prior to the date of occurrence and for two years there was no

                   complaint in behaviour of the accused persons and it is only later that

                   it has been alleged that cruel treatment was meted to her and all of a

                   sudden on 15.04.2020, it was stated that the deceased was killed by
             Patna High Court CR. MISC. No.75154 of 2025(4) dt.13-02-2026
                                                         2/2




                       her in-laws. As a matter of fact, since the death has taken place much

                       after a period of seven years therefore Section 304(B) of the I.P.C

                       shall not be applicable. Considering it to be a case under Section 302

                       of the I.P.C, there is no eye witness of the case. Petitioner is in

                       custody since 30.6.2025 and has no criminal antecedent.

                                    5. Learned APP for the State opposed the bail petition

                       mainly on the ground that the petitioner is the husband of the

                       deceased and the postmortem report also shows that it is an asphyxial

                       death due to manual strangulation.

                                    6. Taking into consideration the facts and circumstances of

                       the case and also considering the fact that the petitioner is the

                       husband who is primarily responsible for the welfare of the wife,

                       coupled with the fact that the death took place in the matrimonial

                       house and the postmortem report also indicates death to be caused by

                       strangulation, this court is not inclined to grant bail to the petitioner

                       at this stage.

                                     7. However, the learned trial court is directed to expedite

                       the case and in case no substantial development takes place towards

                       the examination of witnesses, the petitioner shall be at liberty to

                       renew his prayer for bail at an appropriate stage.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T

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