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2026 DAILYLAW 23357 (PAT)

Sanjay Chauhan @ Sanjay Kumar v. The State of Bihar

CR. MISC./41750/2026 · 2026-07-08

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41750 of 2026 Arising Out of PS. Case No.-449 Year-2022 Thana- HISUWA District- Nawada ====================================================== Sanjay Chauhan @ Sanjay Kumar S/O- Sarjug Chauhan R/O Village- Jiyapur Giyapur, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Mobassar Ali, Advocate For the Opposite Party/s : Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 08-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits petitioner is person with clean antecedent and the informant alleges that her younger daughter on 05.08.2022 at 05:00 AM went to give fodder to the animal and came back running and disclosed that dead body of her elder sister is hanging from a tree, further alleges that for the last seven months, the deceased was staying with Amit in his house, further when his daughter had gone to stay with Amit, he had given an application in the Court that accused persons Patna High Court CR. MISC. No.41750 of 2026(3) dt.08-07-2026 2/3 including the petitioner had come to his house and demanded Rs. 10 lakhs by way of dowry and threatened that till the amount is not paid they will keep his daughter in the manner she is staying in the house, thus alleges that on account of non-fulfillment of dowry demand her daughter was killed. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being father of Amit, it is further submitted that police after threadbare investigation came to a considered conclusion that petitioner is innocent thus submitted final form No. 01 of 2023 dated 07.01.2023 (Annexure- 3), but then the learned Trial Court differing with the police report took cognizance, it is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion whether it would be prudent for the Court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner of the allegation, it is also submitted that order taking cognizance was challenged in Criminal Revision No. 87 of 2023 and the same came to be rejected by an order dated 08.04.2026 passed by learned Principal District Judge, Nawada, it is further submitted that no doubt petitioner had moved before the learned Sessions Court, Nawada seeking anticipatory bail after cognizance Patna High Court CR. MISC. MISC. No.41750 of 2026(3) dt.08-07-2026 3/3 was taken in the year 2024 and the same came to be rejected by the order impugned on 05.02.2024, but then petitioner against the order taking cognizance was availing his remedy in accordance with law by filing the aforesaid criminal revision. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the anticipatory bail application of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that police after investigation submitted final form exonerating the petitioner of the allegation as alleged in the FIR. 6. Considering the submissions and taking into consideration, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hisua P.S. Case No. 449 of 2022 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. The application stands allowed. Nitesh/- (Satyavrat Verma, J) U T