Dinesh Choudhary Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Dinesh Choudhary Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Both petitioners enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya, in connection with Amas P.S. Case No. 120 of 2025.

Issue for consideration

Whether the petitioners, the father-in-law and mother-in-law of the deceased, should be enlarged on bail in connection with Amas P.S. Case No. 120 of 2025 registered under Sections 103(1), 238, 3(5) of the B.N.S., 2023.

Court's answer

Having heard learned counsel for the parties and considered the facts and circumstances, the Court inclined to enlarge the petitioners on bail and directed them to be enlarged on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya, in connection with Amas P.S. Case No. 120 of 2025.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Ashok Kumar Pandey, J), CRIMINAL MISCELLANEOUS No.69612 of 2025, decided 07-10-2025: enlarges two petitioners, the father-in-law and mother-in-law of a deceased woman, on bail in Amas P.S. Case No. 120 of 2025 (Thana AMAS, District Gaya) registered for offences punishable under Sections 103(1), 238, 3(5) of the B.N.S., 2023. Prosecution alleges dowry-demand cruelty following a 2020 marriage, conciliation on 25.04.2025, and ligature marks found on the neck of the deceased; per the trial court order read with inquest and post-mortem reports, cause of death is stated as compression of neck and obstruction of airway by ligature material due to hanging, with no ante-mortem injury. Counsel argued the main thrust of allegation is against the husband; petitioner no. 1 was in custody since 26.04.2025 (one criminal antecedent) and petitioner no. 2 since 29.06.2025 (no antecedent). Bail ordered on a bond of Rs. 10,000/- each with two sureties of the like amount each before the Judicial Magistrate 1st Class, Sherghati, Gaya.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69612 of 2025

Arising Out of PS. Case No.-120 Year-2025 Thana- AMAS District- Gaya

======================================================

Dinesh Choudhary Son of Late Rajendra Choudhary Resident Of Village -Lemua Bahera P.s -Amas District -Gaya

Genda Devi Wife of Sri Dinesh Choudhary Resident Of Village -Lemua Bahera P.s -Amas District -Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Vaishnavi Singh, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 07-10-2025

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners have prayed for bail in connection with Amas P.S. Case No. 120 of 2025 registered for the offence punishable under Sections 103(1), 238, 3(5) of the B.N.S., 2023.

The case of the prosecution is that the sister of the informant was married to one Jaiprakash Choudhary in the year 2020. It is further alleged that the in-laws subjected her to cruelty on account of non-fulfillment of dowry demands. It is also alleged that the matter was conciliated on 25.04.2025. Petitioner No. 1 informed the informant that his his sister had died. When the informant came to the matrimonial house of the deceased, he found ligature marks on her neck.

Patna High Court CR. MISC. No.69612 of 2025(2) dt.07-10-2025 2/3

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Learned counsel for the petitioners submits that from perusal of the order of the learned trial court, it will transpire that as per the inquest report and the post-mortem report, cause of death of the deceased is due to compression of neck and obstruction of airway by some ligature material due to hanging. It has also been submitted that no any ante-mortem injury was found on the person of the deceased. He further submits that petitioners are father-inlaw and mother-in-law of the deceased and the main thrust of allegation is against the husband. Moreover, petitioner nos. 1 & 2 are languishing in judicial custody since 26.04.2025 and 29.06.2025 respectively.

The application for bail is opposed by learned APP for the State and submits that petitioner no. 1 is having criminal antecedent of one case whereas petitioner no. 2 has got no criminal antecedent.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.69612 of 2025(2) dt.07-10-2025 3/3

sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Sherghati, Gaya in connection with Amas P.S. Case No. 120 of 2025.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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