Patna High Court
Deepak Sah @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief given the serious allegations and the victim's non‑recovery.
Summary
The petitioner, Deepak Sah, applied for anticipatory bail after learning that a criminal case (Riga P.S. Case No. 167 of 2024) had been instituted against him under Sections 365 and 34 of the Indian Penal Code for alleged dowry‑related torture of his wife. The prosecution alleges that he assaulted the victim to demand dowry, while the petitioner contends that he has not assaulted anyone, the marriage is old, the victim has disappeared to her maternal home, and he has a clean antecedent. The learned counsel for the State opposed the bail, emphasizing the seriousness of the allegations and the fact that the victim has not been recovered. The Court examined the nature of the charges and the absence of the victim, concluding that the circumstances do not warrant the grant of anticipatory bail. Consequently, the Court dismissed the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry‑related torture under IPC Sections 365 and 34 where the victim is missing
Legislation cited
- Indian Penal Code — s. 34, 365
Subjects
- anticipatory bail
- dowry harassment
- IPC 365
- IPC 34
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45524 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- RIGA District- Sitamarhi
======================================================
Deepak Sah @ Deepak Kumar S/o Ramvinay Sah Village- Rewasi, P.S-
Riga,District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Riga P.S. Case No. 167 of 2024 instituted under Sections
365, 34 of the I.P.C.
3. As per the prosecution case, petitioner is the
husband of the victim girl and he is alleged to have tortured her
for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. Learned counsel next
submits that it is an old marriage and the victim girl has
disappeared after coming to her maternal house. Petitioner has
clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.45524 of 2025(4) dt.19-02-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the allegations and the fact that the
victim has not been recovered, this is not a fit case for grant of
anticipatory bail.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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