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Patna High CourtCR. MISC./57364/2025allowed

Abhishek Chaudhary v. The State Of Bihar

2025-12-12Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57364 of 2025 Arising Out of PS. Case No.-473 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Abhishek Chaudhary S/O Prem Chaudhary R/O Village- Chakdah, P.SRajnagar, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Rajnagar P.S. Case No. 473 of 2024 registered for the offence punishable under Section 80 of the B.N.S., 2023.

3. The case of the prosecution in short is that the daughter of the informant, namely Ganit Kumari, has performed a love marriage with the petitioner. It is further alleged that she was being subjected to cruelty on account of non-fulfillment of dowry demand. On 24.11.2024, the informant received information that the deceased is dead. His other daughter, Vinita, and his son-in-law went there, and they found the dead body of the deceased.

Patna High Court CR. MISC. No.57364 of 2025(3) dt.12-12-2025 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR, it is clear that the date of occurrence is 24.11.2024, even the postmortem was conducted on 25.11.2024, but the FIR was lodged on 10.12.2024. From perusal of the postmortem report, it is clear that the doctors have found only ligature marks on the right side of the neck, the left side of the neck, and the front of the neck. No mark on back of neck. The doctors have opined that the death, in our opinion, is due to hanging. The delay that has been caused in filing the FIR is not explained, which gave space for creating a story. Moreover, the postmortem report does not show any ante-mortem injury.

Except for the ligature mark, and in the FIR also, it is not clear as to what was being demanded by the petitioner in dowry. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 10.02.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.57364 of 2025(3) dt.12-12-2025 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Madhubani in connection with Rajnagar P.S. Case No. 473 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T