Niraj Choudahry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49924 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Niraj Choudahry S/O Bhagwan Chaudhary Resident of Village- Madarpur, Jehanabad Ward No 06, Police Choky No 01, PS- Jehanabad, Dist- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mithlesh Kumar S/O Awadesh Choudhary R/O Village-Mohanpur, PSParasbigha, Distt-Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Makhdumpur P.S. Case No. 641 of 2024 instituted for the offences under Sections 80, 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons including the petitioner tortured and killed the deceased for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the nandoshi of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has

Patna High Court CR. MISC. No.49924 of 2025(2) dt.05-08-2025 2/2 been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.05.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Makhdumpur P.S. Case No. 641 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T