Durgesh Kumar DeepversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2143 of 2026
                 Arising Out of PS. Case No.-3891 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Durgesh Kumar Deep Son of Awadh Bihari Sah Resident of Village Pipra,
                 P.S.-Baikunthpur, District- Gopalganj.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Indu Devi Wife of Om Prakash Resident of Mohalla-Balupar, Kurji, in front
                 of Asha Sadan, P.S.- Digha, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :     Mr. Rakesh Kumar Sharma, Advocate
                 For the State            :     Mr. Anand Kishore Choudhary, APP
                 For the OP-2             :     Mrs. Sudha Ambastha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   07-07-2026                        Pursuant to order of this Court, the matter was

                   referred to Mediation & Conciliation Centre of Patna High

                   Court, but the dispute between the parties could not be resolved

                   through the process of mediation and as such, mediation failed.

                                2. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the complainant /

                   opposite party no. 2.

                                3. The petitioner apprehends his arrest in a complaint

                   case punishable for the offence under Section 498(A) of the

                   Indian Penal Code and Section 3/4 of the Dowry Prohibition

                   Act.

                                4. The complainant has alleged that on 22.05.2021,
Patna High Court CR. MISC. No.2143 of 2026(3) dt.07-07-2026
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          her daughter namely Shipra Kumari was married with this

          petitioner and after the marriage, her daughter was subjected to

          cruelty and torture by all the accused persons including this

          petitioner due to non-fulfillment of additional demand of dowry

          and lastly, she was ousted from her matrimonial house.

                       5. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and has

          been falsely implicated in this case merely because he happens

          to be husband of daughter of complainant. The complainant and

          her family members are habitual of filing cases against

          petitioner and his family members only to torture and harass

          them. The complainant along with her husband and daughter

          have filed altogether nine cases against petitioner and his family

          members (details of which have been given in paragraph 7 of

          the bail application), out of which, four cases are under Section

          498A and other allied sections of the Indian Penal Code.

          Learned counsel for the petitioner further submits that daughter

          of complainant is taking maintenance of Rs. 15,000/- (Fifteen

          thousand) from petitioner, in view of order passed in D.V.Case

          No. 46 of 2022 and now, she has also been awarded interim

          maintenance under Section 24 of the Hindu Marriage Act of Rs.

          20,000/- (Twenty thousand), vide order dated 11.12.2024 passed
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                     in Matrimonial Case No. 131 of 2022 by the court of learned

                     Principal Judge, Family Court, Gopalganj and thus, at present,

                     daughter of complainant is getting maintenance of Rs. 35,000/-

                     (Thirty five thousand) per month from the petitioner.

                                  6. In the facts and circumstances of this case, the

                     prayer for anticipatory bail of petitioner is allowed. Accordingly,

                     let the above-named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     S.D.J.M., Patna in connection with Complaint Case No. 3891 of

                     2022, subject to the conditions laid down under section 438(2)

                     of the Code of Criminal Procedure / Section 482 of the

                     B.N.S.S., 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T