Budhiya Chaudhari @ Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68604 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1.
Budhiya Chaudhari @ Devi Wife of Jitan Chaudhary Resident of Village - Paduri, P.S.- Nasariganj, District - Rohtas.
2.
Punam Devi @ Punam Kumari Daughter of Jitan Chaudhary Resident of Village - Paduri, P.S.- Nasariganj, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2025 Heard Mr. Rakesh Singh, learned counsel for the petitioners and Mr. Rajendra Nath Jha, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Nasriganj P.S. Case No. 204 of 2025, F.I.R. dated 05.06.2025 for the offences punishable under Sections 80, 103(1), 238 an 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused persons including these petitioners have killed the sister of the informant due to non-fulfillment of the demand of dowry.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.68604 of 2025(2) dt.26-09-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. In fact, the deceased had died a natural death due to heart attack on 03.06.2025 and the family members of the deceased have also came and participated in the cremation. He further submits that the husband of the deceased, namely, Chandan Chaudhary is in judicial custody. Petitioner no. 1 is mother-inlaw and petitioner no. 2 is sister-in-law of the deceased.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners
6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, there is no specific allegation against these petitioners in the F.I.R and the husband of the deceased who happens to be the son of the petitioner no. 1 is in judicial custody, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 the learned Additional Chief Judicial Magistrate, Rohtas in connection with Nasriganj P.S. Case No. 204 of 2025,
Patna High Court CR. MISC. No.68604 of 2025(2) dt.26-09-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Vanisha/- U T