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Patna High Court

Dilip ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions.

Summary

Dilip Chaudhary was arrested on 6 March 2024 in connection with a Session Trial for alleged murder under Section 304(B) of the B.N.S., 2023, accused of killing the daughter of an informant over a dowry demand. The petitioner sought bail, arguing he had a clean antecedent, no specific allegation of assault or dowry demand was made against him in the FIR, and the case diary indicated the deceased had committed suicide. The prosecution opposed bail, maintaining the seriousness of the charge. The court examined the lack of specific incriminating evidence against the petitioner and the suicide finding, and, considering his clean record, granted bail on a bond of Rs. 10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Sessions Judge, Masaurhi.

Issues considered

  • Whether bail should be granted to an accused under Section 304(B) when the case diary suggests the death was a suicide.
  • Whether the absence of specific allegations against the petitioner and his clean antecedent justify bail.
  • Whether the FIR and investigation records sufficiently support the charge of dowry death against the petitioner.

Legislation cited

Subjects

  • bail
  • dowry death
  • Section 304B
  • suicide
  • criminal antecedent
  • Patna High Court
  • murder
  • dowry demand

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78233 of 2025
                       Arising Out of PS. Case No.-29 Year-2024 Thana- KADIRGANJ District- Patna
                 ======================================================
                 Dilip Chaudhary S/o Naresh Chaudhary R/o Village- Daultabad, P.S-
                 Kadirganj, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheonandan Pandit, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard Mr. Sheonandan Pandit, learned counsel for the

                   petitioner and Mr. Md. Ataur Rahman, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   06.03.2024 in connection with Session Trial No. 48 of 2025,

                   arising out of Kadirganj P.S. Case No. 29 of 2024, F.I.R. dated

                   06.03.2024 for the offences punishable under Section 304(B) of

                   B.N.S., 2023.

                                3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have killed the daughter of the

                   informant due to non-fulfillment of demand of motorcycle as

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has not committed any
Patna High Court CR. MISC. No.78233 of 2025(3) dt.22-01-2026
                                            2/3




          offence as alleged in the FIR and the petitioner has been made

          accused merely on the ground that he is the husband of the

          deceased. From bare perusal of F.I.R. it appears that there is no

          specific allegation of assault, overt act or demand of dowry is

          attributed against the petitioner rather there is general and

          omnibus allegation against all the accused persons including this

          petitioner and it has come during investigation that in paragraph

          nos. 28 and 29 of the case diary that the deceased had

          committed suicide herself and the police after investigation,

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 06.03.2024.

                       5. Learned APP for the State have vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, also the fact that the petitioner has clean antecedent,

          and evidence has come during investigation in paragraph 28 and

          29 of the case diary that the deceased had committed suicide

          herself and the period of custody of the petitioner, let the

          petitioner, above named, 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 the learned Additional

          Sessions Judge, 1st, Masaurhi, in connection with Session Trial
            Patna High Court CR. MISC. No.78233 of 2025(3) dt.22-01-2026
                                                        3/3




                      No. 48 of 2025, arising out of Kadirganj P.S. Case No. 29 of

                      2024, with the following conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-
U       T


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