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Patna High CourtCR. MISC./60493/2025bail granted

Vijay Kumar @ Vijay Chaudhary @ Vijay Chaudhari v. The State Of Bihar

2025-09-08Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60493 of 2025 Arising Out of PS. Case No.-1668 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

Vijay Kumar @ Vijay Chaudhary @ Vijay Chaudhari Son of Yogendra Chaudhary @ Nagendra Chaudhary RESIDENT OF VILLAGEVISTHAPIT, P.S.- RAJGIR, DISTRICT- NALANDA 2.

Dharmendra Kumar Son of Yogendra Chaudhary @ Nagendra chaudhary RESIDENT OF VILLAGE- VISTHAPIT, P.S.- RAJGIR, DISTRICTNALANDA 3.

Yogendra Chaudhary @ Nagendra Chaudhary Son of Late Shiv Narayan Chaudhary RESIDENT OF VILLAGE- VISTHAPIT, P.S.- RAJGIR, DISTRICT- NALANDA 4.

Rajrappa Chaudhary @ Rajrapa Kumar son of Yogendra Chaudhary @ Nagendra Chaudhary RESIDENT OF VILLAGE- VISTHAPIT, P.S.- RAJGIR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kaushami Kumari Wife of Ajay Chaudhary RESIDENT OF VILLAGEVISTHAPIT, SITHAURA, PS- RAJGIR, DIST- NALANDA AT PRESENT DAUGHATER OF RAJENDRA CHAUDHARY @ KARU CHAUDHARY, R/V- TETARIYA, PS- MESKAUR, DIST- NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Krishna Deo Raj, Advocate For the State :

Ms. Sangeeta Sharma, APP For the Informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2.

2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under

Patna High Court CR. MISC. No.60493 of 2025(2) dt.08-09-2025 2/3 Sections 341, 323, 380, 326, 307, 498A and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The prosecution case, in brief, is that marriage of complainant was solemnized with co-accused Ajay Chaudhary on 17.02.2017 as per Hindu rites and rituals. It is alleged that after marriage, all the named accused persons, including these petitioners, committed torture and harassment with the complainant due to non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happen to be elder brother-inlaw (Bhaisur), Petitioner Nos. 2 and 4 happen to be younger brothers-in-law (Dewar) and Petitioner No. 3 happens to be father-in-law of the complainant. There are general and omnibus allegations and there is no specific allegation of demand of dowry or torture against these petitioners. Petitioners are separate in mess and property and have got no concern with the affairs of the complainant and her husband. Thrust of accusation is against husband of the complainant. Petitioners claim clean antecedents.

5. On the other hand, learned A.P.P. for the State and

Patna High Court CR. MISC. No.60493 of 2025(2) dt.08-09-2025 3/3 learned counsel appearing on behalf of the complainant /Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Complaint Case No. 1668 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T