Deepak Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84645 of 2025 Arising Out of PS. Case No.-780 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Deepak Mishra Son of Gokul Mishra R/o Village - Sonedipi, P.S. - Ballia, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sonu Kumar Chaudhari, Advocate For the Informant :
Mr. Sandip Kumar Gautam, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2026 Heard Mr. Sonu Kumar Chaudhari, learned counsel for the petitioner, Mr. Sandip Kumar Gautam, learned counsel for the Informant as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 18.12.2024 in connection with Begusarai Town P.S. Case No. 780 of 2023, F.I.R. dated 21.12.2023 for the offences punishable under Sections 304(B), 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act.
3. According to prosecution case, the informant alleged the involvement of the petitioner along with other coaccused persons in killing his daughter, namely, Rakhi Kumari (now, deceased) due to non-fulfillment of demand of dowry.
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4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act or demand of dowry against him rather there is general and omnibus allegation against all the accused persons including the petitioner and it has come during investigation that deceased had committed suicide herself and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 18.12.2024.
5. Vide order dated 05.01.2026 a report was called with regard to status of case. Report of the learned Trial Court dated 15.01.2026 reveals that out of seven prosecution witnesses, three prosecution witnesses have been examined.
6. Learned counsel for the petitioner submits that in view of the report of the learned Trial Court the trial is not likely to be concluded in the near future and the petitioner is in custody for more than one year.
7. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the
3/4 prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and it has come during investigation that deceased had committed suicide herself, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Begusarai in connection with Begusarai Town P.S. Case No. 780 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T