PATNA HIGH COURT
Rajesh Kumar Verma, J
Dilip Chaudhary – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.78233 of 2025 | Session Trial No. 48 of 2025 | Kadirganj P.S. Case No. 29 of 2024
| Table of Content |
|---|
| 1. arguments presented by both parties regarding bail. (Para 1 , 5) |
| 2. allegation of dowry-related murder without specific evidence. (Para 2 , 3 , 4) |
| 3. conditions set for bail issuance. (Para 6) |
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 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 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)
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