Patna High Court
Dinesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a bond of Rs.15,000 and two sureties.
Summary
The petitioner, Dinesh Chaudhary, was charged under IPC sections 304(b), 201, 120(b) and 34 for allegedly torturing and murdering an informant's sister over a dowry dispute. The petitioner claimed innocence, noting that no witness had been examined, the FIR was lodged two days after the incident, and the charge sheet contained only vague, omnibus allegations. He also highlighted his lack of prior criminal record and that a co‑accused had already been granted bail in a related case. The State opposed bail, citing the seriousness of the offences. Considering the prolonged custody since April 2024, the absence of substantive evidence, and the petitioner’s clean record, the Court granted bail subject to a bond of Rs.15,000 and two sureties, and directed the police and magistrate to produce witnesses for trial completion.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences under IPC 304(b), 201, 120(b) and 34
- Whether the delay in filing the FIR and the lack of examined witnesses justify bail
- Whether the petitioner’s clean criminal record and the bail granted to a co‑accused affect the bail decision
Legislation cited
- Indian Penal Code — s. 120(b), 201, 304(b), 34
Subjects
- bail
- dowry death
- murder
- IPC
- mental torture
- criminal procedure
- West Champaran
- serious offences
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80352 of 2025
Arising Out of PS. Case No.-8 Year-2024 Thana- NADI District- West Champaran
======================================================
Dinesh Chaudhary Son of Late Subhash Chaudhary R/o Village- Bhagwanpur,
Ward No. 1, P.S.- Nadi, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Nadi
P.S. Case No. 08 of 2024, instituted for the offences punishable
under Sections 304(B), 201, 120(B) and 34 of the Indian Penal
Code.
3. The prosecution case, in short, is that the accusation
against the accused persons including the petitioner is of
causing mental torture and ultimately committing murder of the
informant’s sister due to non-fulfillment of the dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case and
Patna High Court CR. MISC. No.80352 of 2025(3) dt.09-02-2026
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charge has also been framed against the petitioner but not a
single witness has been examined in this case. Learned counsel
for the petitioner also submitted that there is delay of two days
in lodging the FIR. The petitioner is husband of the deceased. It
is next submitted that no specific allegation has been attributed
against the petitioner rather the same is general and omnibus in
nature. The petitioner is in custody since 26.04.2024 and has got
no criminal antecedent. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by this Court vide order dated 09.09.2025 passed in Cr.
Misc. No. 64785 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after
examination of the informant on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Nadi P.S. Case No. 08 of 2024.
Patna High Court CR. MISC. No.80352 of 2025(3) dt.09-02-2026
3/3
8. The District Magistrate, West Champaran and the
Superintendent of Police, West Champaran are also directed to
take necessary steps to produce the witnesses on the date fixed
in the Trial Court so that the trial could be concluded within the
stipulated period.
9. Let this order be communicated to the District
Magistrate, West Champaran and the Superintendent of Police,
West Champaran.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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