Patna High Court

CR. MISC./47627/2026 of Ajay Choudhary Vs The State of Bihar on 22 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47627 of 2026 Arising Out of PS. Case No.-605 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1. Ajay Choudhary S/O Dinesh Choudhary R/O Village-Sakra, PO and PS- Sakra,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47627 of 2026

Arising Out of PS. Case No.-605 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE

District- Samastipur

======================================================

1.

Ajay Choudhary S/O Dinesh Choudhary R/O Village-Sakra, PO and PS- Sakra, Distt- Muzaffarpur, Bihar

2.

Vijay Choudhary S/O Dinesh Choudhary R/O Village-Sakra, PO and PS- Sakra, Distt- Muzaffarpur, Bihar

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

Pinki Devi D/O Late Umesh Mahto R/O shreenath Paran, PO and PS- Chakmehsi, Distt-Samastipur,Bihar

... ... Opposite Party/s

Appearance :

For the Petitioner/s

:

Mr. Abhigyan Kumar, Advocate

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

22-07-2026 Heard Mr. Abhigyan Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh representing the State.

2. The petitioners are apprehending their arrest in connection with Samstipur District Complaint Case No. 605 of 2018 for the offence under sections 323, 379, 504 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, in which cognizance has taken under Section 498A and 34 of the Indian Penal Code lodged on 10.05.2018.

3. As per the prosecution story, the informant is married to the petitioner’s brother, Chandan Choudhary and alleged that even after the marriage in the year 2015, she was Patna High Court CR. MISC. No.47627 of 2026(2) dt.22-07-2026

always tortured for dowry and these petitioners/family members were supporting the said demand. This led to the complaint.

4. Learned counsel for the petitioners submit that they were living separately, have no role to play in the matter but got implicated. Further, at no point of time, they got any information about the case having been lodged against them and/or cognizance taken.

5. Learned APP opposes the prayer submitting that the allegation is there against these petitioners.

6. Taking into account the submissions of the parties as also that they are brothers and living separately, have undertaken to diligently appear in the Trial Court, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur, Bihar in connection with Samstipur District Complaint Case No. 605 of 2018 subject to the following conditions:

Patna High Court CR. MISC. No.47627 of 2026(2) dt.22-07-2026

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

ankita/- (Rajiv Roy, J) U T

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