Patna High Court
Dilip ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 304(B)
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
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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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