Patna High Court – Orders
Dr. Binod Kumar Choudhary vs The State Of Bihar on 19 May, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35949 of 2026
Arising Out of PS. Case No.-299 Year-2021 Thana- SHASTRINAGAR District- Patna
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Dr. Binod Kumar Choudhary
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Advocate
: Mr. Kunal Tiwary, Advocate
For the State : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026
Heard Mr. Amit Shrivastava, learned Senior Counsel
for the petitioner duly assisted by Mr. Kunal Tiwary and learned
APP representing the State through virtual mode.
2. The present petition has been preferred:
“(i) for quashing of the order dated
29.04.2026 passed in Cr. Rev. No. 117/2026
whereby and where under the Learned Court of
Sessions Judge, Patna has rejected the Cr. Rev.
filed by the petitioner against the order dated
02.02.2026 as well as against the order dated
03.02.2026 passed by the Learned Court of
S.D.J.M. Patna whereby and whereunder the
Learned Court of S.D.J.M. Patna cancelled the
bail bond of the petitioner and his son in utter
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
2/17violation of direction of Hon’ble High Court in
Cr. Misc. No. 9131 of 2024 dated 04.09.2024.
(ii) for any other relief/reliefs for which the
Petitioner is entitle to.”
3. As per the prosecution story, the informant, Ankita
Pandey made allegation that she was married to the petitioner,
Shiwam Choudhary, presently residing in United States of
America on 17.02.2021 but was tortured for dowry. The lady
left U.S.A. after she claims to have been rescued by the
American Police Helpline when she dialed the Emergency
number 911, flew back to India which followed the FIR.
4. Pursuant thereto, the father of Shiwam Choudhary
Dr. Binod Kumar Chaudhary (the petitioner herein) filed Cr.
Misc. No. 7647 of 2024 which was disposed of on 17.02.2024
and the paragraph nos. 6 and 7 read as follows:
“6. The husband is not before this Court
rather it is the father-in-law. Even as per the
allegation, while some allegation pertains to
United States, he is an aged person and as per the
learned Senior counsel, is ill and in that
background, considerng the fact that he do not
have criminal
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
3/17antecedent and as undertaken that he will be
diligently appearing in the trial, putting him in jail
will serve no purpose, this Court is inclined to
extend him the privilege of anticipatory bail with
conditions.
7. Let the petitioner 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 A.C.J.M-IV, Patna in
connection with Shastri Nagar P.S. Case No. 299
of 2021, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
member of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner 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 his
bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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(iii) the petitioner 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;
(iv) the petitioner shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of his bail bonds.”
(emphasis added)
5. The son, Shiwam Choudhary followed suit by
filing Cr. Misc. No. 9131 of 2024 and after much deliberations
and appearance of the lady, Ankita Pandey, they agreed that
time has come to separate themselves and through a
compromise petition they will be withdrawing all the cases.
6. Paragraph no. 10 onwards of the said order Shiwam
Choudhary (supra) read as follows:
“10. This Court considering the facts of the case
and the documents/photographs of the couple
that are on record tried its level best to convince
the young couple through their respective
counsels to reunite. However, it seems that the
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
5/17path on which they travelled after the lady
returned from the U.S.A. took them to entirely
different destinations from where the return
journey is not possible.
11. In that background, ultimately for
the health of both of them, the learned counsels
deliberated regularly for last six months which
have resulted into this compromise petition.
12. It would be appropriate to
incorporate the entire compromise petition
which read as follows:
“1. That the instant Joint
Compromise Petition is being filed on
behalf of the petitioner as well as the
Informant on account of intervention by
the relatives and close family friends of
both side and mutual and common
understanding has been amicably reached
among both the sides.
2. That it has been agreed
between both the parties that the
petitioners will return the
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
6/17jewellery/ornaments received from
Informant side to the Informant. The
inventory of which is given herein below:-
(1) Saree : 11 Pieces
(2) Salwar Suit : 10 Pieces
(3) Gold Ring : 3 Piece
(4) Gold Chain : 3 Piece
(5) Silver Payal : 1 set
(6) Silver toe ring : 4 Pieces
(7) Gold Choker set: 1 Piece
(8) Gold Jhumka : 1 set
(9) Gold Bangle : 1 set (2 pieces)
(10) Silver Kia : 2 set
(11) Silver Fish : 2 set
(12) Silver Plate, Glass, Spoon, Bowl:1
piece each
(13) Suitcase : 5 pieces
(14) Mang Tika : 1 piece
(15) Gold Har set : 1 piece
(16) Gold Nathiya : 1 piece
(17) Gold coin : 1 of 2 gram
(18) Silver Bichhiya: 4 pieces
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
7/17(19) Gold Earrings: Exact count tbd
(20) Watch : 1 Watch
(21) Air pods : 1
(22) Foorwear : 5 pairs
3. That the above-mentioned
items, along with any other items (if any)
identified by the Petitioner as belonging to
the informant after accessing and opening
the locker upon his return to India, shall be
returned to the informant. However, any
such claim or counterclaim shall not affect
the terms of this agreement. The
aforementioned items will be handed over to
the informant at the time of filing the bail
bond.
4. That apart from above
mentioned items it has been also agreed
between both the parties that the
petitioner/his father (Dr. Binod Kumar
Choudhary) will give final settlement
amount of Rs. 50 lakhs (Rs. Fifty Lakhs) to
the ‘Informant (Ankita Pandey) in two
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
8/17installments. The first installment will be
of Rs. 25 lakh which will be paid through
Demand Draft drawn in favour of the
Informant at the time of execution of the
bail bondand thereafter both the parties
will file mutual consent divorce under the
5. That on receiving the first
installment of Rs. 25 Lakhs, the Informant
will take steps to withdraw all the cases
filed against the Petitioner and his family
members, namely the criminal case
bearing no. Shastri Nagar P.S. Case No.
299/2021 dated 01.08.2021 registered
under Section 341, 342, 323, 498A, 504,
506/34 of Indian Penal Code and Section
3/4 of Dowry Prohibition Act, 1961
pending in the Court of Learned Sub-
Judge-IV-cum-A.C.J.M, Patna and also
D.V. Case no. of 66/2021 pending in the
Court of Anuradha Kumari J.M.1st Class,
Patna.
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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6. That the second installment of
Rs. 25 Lakh will be paid by the
petitioner/his father through demand draft
drawn in favour of the Informant on the
date of Decree of Divorce by mutual
consent.
7. That it is also mutually agreed
between the Petitioner and Informant that
an appropriate petition for grant of divorce
by mutual consent u/s 13 B of the Hindu
Marriage Act, 1956 will also be filed by the
Petitioner and Informant immediately after
furnishing of bail bond by the Petitioner in
the month of September 2024 before the
appropriate court of competent jurisdiction
at Patna or Bengaluru (preferred) where
the Informant is currently residing. They
shall also jointly file a petition in such
petition u/s 13 B for waiving the cooling
period of six months.
8. That the Informant assures
and states on oath that upon receiving the
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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aforementioned items and final payment of
Rs. 50 Lakhs as mutually agreed by the
parties herein one time full and final
settlement. The Petitioner and informant
agree that they and/or their family member
(s) shall not file any further case or FIR
against each other or any other family
member(s).
9. That the Petitioners and
Informant state on oath that the instant
Joint Compromise Petition is being filed out
of their free will, consent, and without any
threat or coercion of any nature whatsoever
and that they shall fully abide by and
honour the terms and conditions set-forth in
this Joint Compromise Petition.
10. That upon affidavit of this
Joint Compromise Petition the petitioners
and Informant unequivocally declare and
state that they and their respective families
shall have no grievances whatsoever any
further against each other.
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11. That the petitioners and
Informant are fully aware and conscious
about the legal consequences if either or
both of them violate any of the terms stated
herein.
12. That the Petitioners and
Informant have read and fully understood
the contents of this Joint Compromise
Petition which they have received on email
sent by their respective Advocate’s on
Record to them individually.
Consequentially they have given their
written consent to affirm and file this Joint
Compromise Petition through respective
emails sent to their Learned Advocate’s on
Record dated 19.08.2024 and dated
26.08.2024 respectively.
13. That the Petitioner has duly
authorized his blood paternal uncle Shri
Pramod Kumar to affirm and file this Joint
Compromise Petition on his behalf. Like-
wise the Informant has authorized her father
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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Shri Brajesh Pandey to affirm and file this
Joint Compromise Petition before the
Hon’ble High Court in the instant Cr. Misc.
No. 9131 of 2024.”
13. As the parties have come to an
amicable settlement, in that background, with
the consent of the parties and as there is no
opposition from the learned counsel appearing
on behalf of the informant, Ankita Pandey, this
Court is inclined to extend the relief to the
petitioner.
14. Let the petitioner be released on
bail in the event of arrest or surrender within a
period of eight 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
A.C.J.M-IV, Patna in connection with Shastri
Nagar P.S. Case No. 299 of 2021 subject to the
conditions as laid down under Section 438(2) of
the Cr.P.C.”
15. Cr. Misc. No. 9131 of 2024
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
13/17
(Shivam Choudhary vs. State of Bihar & Anr.)
stands disposed of.”
(emphasis added)
7. The case of the petitioner is that the first
installment of Rs.25,00,000/- (Rupees Twenty Five Lakhs only)
was handed over to the lady, Ankita Pandey through the
Demand Draft (SBI) dated 23.09.2024 duly received by her
father, Brajesh Pandey and this fact has also been recorded by
the learned Trial Court while granting relief to the son, Shiwam
Choudhary.
8. The contention is that the lady thereafter has
defaulted and the result is that their prayer under section 317 of
the Cr.P.C. stands rejected by the Trial Court vide an order
dated 03.02.2026.
9. Aggrieved, the Criminal Revision No. 117 of 2026
(Dr. Binod Kumar Choudhary vs The State and Ors.) was
filed which too has been dismissed on 29.04.2026 and
paragraph no.16 to 18 records which are the conclusion of
learned Sessions Judge, Patna stands incorporated
hereinbelow:
“16. In view of the discussions made
above, this Court finds no illegality, impropriety
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
14/17in the impugned order dated 03.02.2026 passed
by the learned S.D.J.M., Patna. The petitioner
has failed to show that the trial court exercised
its discretion arbitrarily or in disregard of the
record.
17. On the contrary, the materials
available on record clearly establish that the
petitioner violated the condition of anticipatory
bail requiring his appearance before the trial
court and also failed to comply with repeated
directions for physical presence. The
compromise recorded in Cr. Misc. No. 9131 of
2024 did not supersede or dilute the specific bail
condition imposed upon the present petitioner in
Cr. Misc. No. 7647 of 2024.
18. Accordingly, this criminal revision,
being devoid of merit, is dismissed.”
10. Aggrieved, the present petition.
11. Learned Senior Counsel for the petitioner submits
that when the matter moved in a positive direction, the parties
agreed to the compromise to withdraw all the cases, the present
order has seriously prejudiced the petitioner who is an aged
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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person. The lady received the first installment of Rupees Twenty
Five Lakhs way back on 23.09.2024.
12. Learned Senior Counsel for the petitioner submits
that to show the bonafide, they are ready to submit a Demand
Draft/Bank Draft of Rs.25,00,000/- (Twenty Five Lakhs), the
second installment in favour of Ankita Pandey, the opposite
party no.2, so that their part is completed as per the order passed
by the Patna High Court in Shiwam Choudhary (supra) case.
Further, submission is that the same shall be done latest by 22nd
May, 2026 before the Registry.
13. This Court has gone through the facts of the case
as also the orders passed by the courts concerned. Though it is a
matter of concern that pursuant to the earlier order passed in
Shiwam Choudhary (supra) case way back in the year 2024,
the parties have not completed the formalities and are dragging
the cart. However, equally important is the fact that when the
relief was granted to the petitioner, the conditions were there
and he had complete knowledge of it. In that background, the
least that was expected from him was either to appear before the
Trial Court as per the condition envisaged and/or to file a proper
modification petition before Patna High Court after the
development that took place in the case of his son. He failed to
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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do so.
14. However, when the parties have agreed to the end
all the civil/criminal litigations and the lady has received first
installment of Rupees Twenty Five Lakhs, the continuance of
the cases may be detrimental to the cause of both the parties.
15. The petitioner shown his bonafide by agreeing to
submit Draft of rest Rupees Twenty Five Lakhs, in that
background, issue notice to the opposite party no.2 through both
processes i.e. ordinary as well as registered cover with A/D for
which requisites etc. must be filed within a period of two weeks
failing which the application shall stand rejected without further
reference to the Bench.
16. In case, the order passed is not complied and the
matter accordingly stands dismissed, subsequently, the same be
posted under the heading ‘To be Mentioned’.
17. List this case on 01.07.2026 and/or the appearance
of the opposite party no.2 whichever is earlier.
18. In the meantime, the operation of the order dated
29.04.2026 passed by the learned Sessions Judge, Patna in
Criminal Revision No.117 of 2026 (Dr. Binod Kumar
Choudhary vs. The State of Bihar and Ors.) as also the order
dated 03.02.2026 passed by the learned Sub-Divisional Judicial
Patna High Court CR. MISC. No.35949 of 2026(2) dt.19-05-2026
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Magistrate, Patna in GR No. 5105 of 2021 shall remain stayed.
19. This Court makes it clear that the interim
protection has been granted to the petitioner subject to the
submission of a Bank Draft of Rs.25,00,000/- (Twenty Five
Lakhs) favouring Ankita Pandey by 22nd May, 2026 with the
Registry.
(Rajiv Roy, J)
vinayak/-
U T
