Deepak Mishra @ Dhannu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33142 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Deepak Mishra @ Dhannu Mishra SON OF SHANKAR MISHRA Resident Of Village- Gandhi Nagar, P.S.- Bagaha, DIST- WEST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
DEZI DEVI WIFE OF DEEPAK MISHRA VILLAGE- GADHINAGAR, PS- BAGAHA, DIST- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithvi Nath Mishra, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP For the O.P. No.2 :
Mr. Anand Kishore chaudhary, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-06-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in connection with Mahila (Bagaha) P.S. Case no.57 of 2023 registered under sections 498A, 323, 341, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per the prosecution case, the informant states that her husband Deepak Mishra, the petitioner herein, along with accused persons started to assault the opposite party no.2 mentally and physically on account of non-fulfillment of demand of dowry and also ousted her from matrimonial house.
Patna High Court CR. MISC. No.33142 of 2024(12) dt.16-06-2025 2/3
4. Learned counsel for the petitioner submits that earlier the matter had been sent to the Patna High Court Mediation Centre vide order dated 25.09.2024 but the mediation process has failed. Learned counsel for the petitioner further submits that the allegation of demand of dowry and torture is false and concocted. The petitioner was always ready to keep his wife with full dignity and honour but it is the opposite party no.2 who never wants to live with the petitioner. The petitioner further submits that the petitioner has filed divorce case being Divorce Case No. 157 of 2023 before the Principal Judge, Family Court, Bettiah at West Champaran and the present case has been lodged as a counter blast to the same. The petitioner has no criminal antecedent and undertakes to co-operate in case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2.
6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2,000/- to his wife in the second week of every month for her basic requirements. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance
Patna High Court CR. MISC. No.33142 of 2024(12) dt.16-06-2025 3/3 case or any other collateral proceeding.
7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahila (Bagaha) P.S. Case no.57 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.
8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 2,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.
(Soni Shrivastava, J) Harsh/- U T