Patna High Court
Dharmendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
In the absence of any criminal antecedent and given the petitioners' separate residence, the court held that bail could be granted.
Summary
The petitioners, father‑in‑law and mother‑in‑law of the deceased daughter‑in‑law, applied for bail in a dowry‑death case registered under Sections 80 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioners, together with their son, demanded a dowry of Rs.2,00,000 and were implicated in the death of the informant’s daughter. The petitioners contended that they lived separately from their son and had no involvement in the day‑to‑day affairs of the married couple and that they had no prior criminal record. The State and the informant opposed bail, asserting the petitioners’ responsibility for the dowry demand and the death. The court, after considering the submissions and noting the absence of any criminal antecedent, ordered the release of the petitioners on bail with a bond of Rs.10,000 each and two sureties, subject to verification of their antecedents.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 80 and 3(5) of the B.N.S., 2023 in a dowry‑death case.
- Whether the petitioners' alleged separation from the accused son and lack of criminal antecedent justify bail.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- criminal antecedent
- Sections 80
- Section 3(5)
- B.N.S. 2023
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85735 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
1. Dharmendra Chaudhary Son of Lakhan Chaudhary R/o Vill. - Nanaura, P.S.
- Nardiganj, Dist. - Nawada.
2. Shanti Devi Son of Dharmendra Chaudhary R/o Vill. - Nanaura, P.S. -
Nardiganj, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Akhilesh Kumar, Advocate
For the State : Mr. Raj Ballabh Singh, APP
For the Informant : Mr. Priyadarshi Pankaj Raj Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 19-03-2026 Heard the learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners seek bail in connection with
Nardiganj P.S. Case No.241 of 2025, registered for the offences
punishable under Sections 80 and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, marriage of the
informant’s daughter, deceased Punam Kumari was solemnized
on 09.02.2022 with the accused, Sonu Kumar and when the
daughter of the informant went to her Sasural, all the accused
persons used to call her mad. Co-accused, Sonu Kumar also
used to demand dowry of Rs.2,00,000/- from the deceased for
doing some business and all the accused persons, including the
Patna High Court CR. MISC. No.85735 of 2025(3) dt.19-03-2026
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petitioners also used to demand money from the deceased
daughter of the informant. On 27.06.2025, at 09:00 p.m., the
informant got information about the death of his daughter and
when he reached the house of his daughter, she was found dead.
4. Learned counsel for the petitioners submits that the
petitioners are father-in-law and mother-in-law of the deceased
and they were living separately from their son and the daughter-
in-law and had no concern with the day to day affairs of their
son and the daughter-in-law. It is further submitted that the
husband of the deceased is also in custody since 19.07.2025.
5. Learned counsel for the informant vehemently
opposes the prayer for bail on behalf of the petitioners and
submits that the petitioners were also responsible for the death
of the deceased, since they used to demand dowry from the
daughter of the informant along with their son, the husband of
the deceased.
6. The learned A.P.P. for the State also opposes the
prayer for bail.
7. Considering the submissions advanced on behalf of
the parties and also considering the materials available on
record, it transpires that the petitioners are father-in-law and
mother-in-law of the deceased and they were living separately
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from their son and the daughter-in-law. Further, there is no
criminal antecedent against the petitioners.
8. Accordingly, the petitioners, above-named, are
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Nawada/concerned court in connection
with Nardiganj P.S. Case No.241 of 2025, subject to the
condition that the learned court below shall verify the criminal
antecedent of the petitioners and, in case, at any stage, it is
found that the petitioners have concealed their criminal
antecedent, the learned court below shall take step for
cancellation of bail bonds of the petitioners. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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