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2025 DAILYLAW 93310 (PAT)

Mahendra Kumar Choudhary @ Mahendra @ Mahendra Kumar v. The State of Bihar

CR. MISC./85140/2025 · 2025-12-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85140 of 2025 Arising Out of PS. Case No.-511 Year-2025 Thana- KISHANGANJ District- Kishanganj ====================================================== 1. Mahendra Kumar Choudhary @ Mahendra @ Mahendra Kumar S/o Ram Bachan Choudhary R/o Village - Khagra Machhmara, P.S - Kishanganj , District - Kishanganj 2. Md. Islam @ Islam S/o Ramjan Ali R/o Village - Khagra Machhmara, P.S - Kishanganj , District - Kishanganj 3. Shoshan Khatoon @ Shoshan D/o Md. Islam @ Islam R/o Village - Khagra Machhmara, P.S - Kishanganj , District - Kishanganj 4. Taslim S/o Md. Islam @ Islam R/o Village - Khagra Machhmara, P.S - Kishanganj , District - Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103(1), 80(2), 61(2) of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, marriage of the sister of informant was solemnized with co-accused Md. Rohan about one and half year ago. Thereafter, it is alleged that the sister of informant was subjected to torture and cruelty by the F.I.R. named accused persons due to non-fulfillment of demand of Patna High Court CR. MISC. No.85140 of 2025(2) dt.09-12-2025 2/3 dowry and subsequently, all the accused persons killed her. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioner no. 1 is brother-in-law (Nandosi), petitioner no. 2 is father-in-law and petitioner no. 3 is sister-in-law (Nand) and petitioner no. 4 is brother-in-law (Bhaisur) of the deceased and they are simply victims of over-implications. Allegation against petitioners is general and omnibus. Petitioners are separate in mess and property and they are not concerned with family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody since 13.09.2025. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that husband of the deceased is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P. S. Patna High Court CR. MISC. No.85140 of 2025(2) dt.09-12-2025 3/3 Case No. 511 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T