Deepak Kumar @ Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59762 of 2025 Arising Out of PS. Case No.-212 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Deepak Kumar @ Deepak Yadav S/o Mushaharu Yadav @ Musharu Yadav R/o village- Shyam, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 26/2024 arising out of Gawalpara P.S. Case No. 212 of 2023 dated 25.10.2023 registered for the offences punishable u/ss 498A, 364 read with section 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the daughter of the informant due to non-fulfillment of demand of motorcycle as dowry.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.59762 of 2025(3) dt.03-11-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant's daughter and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant's daughter. As per Letter No. 108 of 2025, no prosecution witness has been examined till date. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.10.2023. The co-accused persons has already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 69124 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner in his confessional statement, mentioned in para-24 of the case diary, has confessed that he threw his wife in the river. The victim girl has not been recovered yet as mentioned in the impugned order. It is further submitted that the witnesses at para-3 and 4 of the case diary have supported the case of the prosecution.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the
Patna High Court CR. MISC. No.59762 of 2025(3) dt.03-11-2025 3/3 petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with S.T. No. 26/2024 arising out of Gawalpara P.S. Case No. 212 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T