Deepak Kumar @ Deepak Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59110 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- Mahila District- Arwal ====================================================== Deepak Kumar @ Deepak Kumar Choudhary S/O Gupteshwar Choudhary, Resident of Village- Jamuawan, P.S.- Sandesh, Dist.- Bhojpur at Ara ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Niki Kumari D/O Lal Sharma, R/O Vill.- Ganiyari, P.S.- Kinjar, Dist.- Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Singh, Advocate For the State :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mahila P.S. Case No. 31 of 2024, dated 23.11.2024 registered for the offences punishable under Sections 115(2), 126(2), 85 and 3(5) of BNS, 2023 and Section 3⁄4 of D.P. Act.
3. As per allegation, after the marriage, the informant joined the matrimonial home of the petitioner, however additional demand of dowry started and on account of nonfulfillment of the same, she was subjected to torture by the petitioner and his family members. It is further case of the informant that petitioner-husband has even illicit relationship
Patna High Court CR. MISC. No.59110 of 2025(2) dt.10-09-2025 2/3 with one Renu Kumari, who is sister-in-law and finally she has been ousted from the matrimonial home.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that this false case has been filed on account of matrimonial discord. He further submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.59110 of 2025(2) dt.10-09-2025 3/3 learned concerned Court below, in connection with Mahila P.S. Case No. 31 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S, 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T