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Patna High Court

Badal Chauhan @ Badal KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail under Section 438 of the CrPC is denied to the petitioner.

Summary

The petitioner, Badal Chauhan, sought anticipatory bail in connection with a FIR alleging his involvement in the murder of his daughter-in-law and dowry-related offences under IPC sections 302, 304B and 201. He contended that he has a clean record, was not present at the crime scene as evidenced by mobile tower data, and that the allegations were false and motivated by a family dispute. The State, represented by the APP and the informant, argued that the death of the daughter-in-law is established, that the petitioner had a motive related to dowry demands, and that the circumstances suggested his involvement. The court examined the material on record, including the FIR, statements, and forensic evidence, and found that a prima facie case existed against the petitioner. Consequently, the court declined to grant anticipatory bail, holding that the petitioner could not be afforded the benefit of Section 438 of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the present circumstances
  • Whether the FIR and the material on record disclose a prima facie case against the petitioner
  • Whether the petitioner is likely to flee, tamper with evidence, or influence witnesses

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • dowry death
  • IPC sections 302 304B 201
  • bail jurisprudence
  • presumption of guilt
  • mobile tower evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9044 of 2026
                      Arising Out of PS. Case No.-56 Year-2024 Thana- SITAMARHI District- Nawada
                 ======================================================
                 Badal Chauhan @ Badal Kumar Son of Sri Mithilesh Chauhan Resident of
                 village Milki Beldari, P.S.- Sitamarhi, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Thakur, Adv.
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner Sri Ajay

                   Thakur, learned A.P.P. for the State and the learned counsel

                   appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Sitamarhi P.S. Case No.56/2024 dated 23.06.2024,

                   registered for the offences punishable under Sections 302,

                   304(B) and 201 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his daughter was married to the petitioner in the

                   year 2023, out of the wedlock, a child was born, next alleges

                   that he had a talk in the night with his samdhi and samdhan,

                   who asked him to bring Panchayat or else they will ask his

                   daughter to leave or kill her, when he called his samdhi in the
Patna High Court CR. MISC. No.9044 of 2026(2) dt.24-03-2026
                                            2/4




          morning, his mobile was switched off, accordingly he along

          with his family members reached the matrimonial house of his

          daughter but the house of locked and no one was present, thus

          alleges that accused persons killed his daughter and disposed

          the dead body, further petitioner used to assault the victim for

          non-fulfillment of dowry demand of Rs.5 lacs, TV and Fridge.

                       4. Learned counsel for the petitioner submits that

          petitioner being husband has been falsely implicated in the

          instant case by the informant. It is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that informant himself alleges that he had a talk with the parents

          of the petitioner, who were asking him to bring Panchayat or

          else the victim would be killed. It is further submitted that

          petitioner works as a labourer at Sahebganj and the police has

          also investigated the CDR of the mobile number of the

          petitioner and found the tower location on 22.06.2024 of the

          said mobile at Mirza chak, P.S. Shanti Nagar, District-Sahebgnj.

          It is thus submitted that the petitioner was not present at the

          place of occurrence. It is fairly submitted that the dead body of

          the victim was recovered from Falgu river near a Shiv temple at

          Khijarsarai.

                       5. Learned A.P.P. for the State and the learned counsel
Patna High Court CR. MISC. No.9044 of 2026(2) dt.24-03-2026
                                            3/4




          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner. The learned counsel appearing

          on behalf of the informant submits that what is not in dispute

          rather stands admitted is that the daughter of the informant died

          and her dead body was recovered from Falgu river at

          Khijarsarai. It is further submitted that the marriage was only

          two years old as such in law also the presumption is against the

          husband and his family members. It is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that informant specifically alleges that petitioner used to assault

          the victim for non-fulfillment of dowry demand. It is further

          submitted that it does not appear probable that the dead body

          would have travelled 40-42 km from the place of occurrence to

          be recovered from Falgu river. It is next submitted that

          statement of the mother-in-law of the deceased was recorded by

          the police, wherein she has stated that motorcycle was being

          demanded under the threat that if motorcycle is not given, in

          that event, the petitioner may commit something and she also

          disclosed that the victim consumed poison in anger. It is next

          submitted that even presuming that the victim committed

          suicide by consuming poison, it was husband who created

          condition conducive for the victim to take extreme step of
             Patna High Court CR. MISC. No.9044 of 2026(2) dt.24-03-2026
                                                         4/4




                       ending her life. It is also submitted that investigation in the case

                       is still continuing.

                                    6. Considering the submissions made by the learned

                       APP and the learned counsel appearing on behalf of the

                       informant, the Court is not inclined to extend the benefit of

                       anticipatory bail to the petitioner.

                                    7. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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