Dinesh @ Dipu Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11744 of 2025 Arising Out of PS. Case No.-262 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

Dinesh @ Dipu Choudhry S/o Late Lal Bihari Choudhary R/o Vill - Sikandarpur, P.S. - Narhi, Distt.- Balia, U.P. 2.

Dewanti Devi W/o Late Lal Bihari Choudhary R/o Vill - Sikandarpur, P.S. - Narhi, Distt.- Balia, U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Gudia Devi W/o Dinesh @ Dipu Choudhry, D/o Rameshwar Choudhary R/o vill - Narwat Pur Nausa, P.S. - Buxar Muffasil, Distt.- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioners apprehend his arrest in connection with Buxar Complaint Case No. 262 C of 2017, registered for the offences punishable under Section 498(A) of IPC and Section 4 of D.P. Act.

3. At the very outset, learned counsel for the petitioners has submitted that during the pendency of this petition, petitioner no. 2 has died and, as such, the same has become infructuous in respect of her. He, therefore, seeks

Patna High Court CR. MISC. No.11744 of 2025(5) dt.08-10-2025 2/3 permission to withdraw this anticipatory bail petition in respect of petitioner no. 2.

4. In view of the aforesaid submission, the anticipatory bail petition in respect of petitioner no. 2 is dismissed as withdrawn as having become infructuous.

5. As per allegation, the marriage of the complainant was solemnized with petitioner no. 1. Thereafter, the accused persons started torturing the victim for non-fulfillment of demand of dowry. On 06.04.2017, the petitioners along with other accused persons assaulted the victim and made her badly injured.

6. The learned counsel for the petitioner no. 1 has submitted that the petitioner no. 1 is innocent and has falsely been implicated. The complainant has solemnized her second marriage with Amit Choudhary and she is residing with him. He has submitted further that from perusal of the impugned order, it is clear that despite the notices and reminders, the complainant did not appear before the court below.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.11744 of 2025(5) dt.08-10-2025 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Buxar in connection with Buxar Complaint Case No. 262 C of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T