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Patna High Court

Deepak Kumar @ Deepak BariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a complaint (No. 293(C)/2024) alleging offences under IPC sections 406, 420, 498(A) and a provision of the Dowry Prohibition Act. The coordinate bench had earlier referred the matter to mediation, and the parties reported that they had resolved their dispute and were now living together. On this background, the court considered whether the petitioner was entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code. The court held that, given the settlement and cohabitation, anticipatory bail could be granted but subject to strict conditions regarding sureties, appearance before the trial court, non‑interference with witnesses, and refraining from further offences. Accordingly, the court ordered that the petitioner be released on anticipatory bail upon furnishing the prescribed bail and sureties, with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in view of the settlement of the dispute and cohabitation with the opposite party.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • IPC
  • Dowry Prohibition Act
  • mediation
  • criminal law
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54325 of 2025
                 Arising Out of PS. Case No.-293 Year-2024 Thana- BUXAR COMPLAINT CASE District-
                                                         Buxar
                 ======================================================
                 Deepak Kumar @ Deepak Bari S/O Baban Bari Resident of village-
                 Phulwariya, P.O- Telari, P.S- Chenari, District- Rohtas.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Ashwani Kumari W/O Deepak Kumar @ Deepak Bari, D/O Manoj Bari At
                  present R/O Village and P.O- Belav, P.S- Sikraul, Dist.- Buxar.
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Pradhan, Adv.
                 For the Opposite Party/s :      Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   19-03-2026                    Heard Mr. Arvind Kumar Pradhan, learned Counsel for

                   the petitioner and Mr. Ravi Kumar Jha, for the informant besides

                   Mrs. learned APP for the State.

                                2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 293(C)/2024 for the offence registered under

                   sections 406, 420, 498(A) of the IPC and ¾ of D.P. Act.

                                3. Earlier, the Co-ordinate Bench sent the matter for

                   mediation and the report dated 10.12.2025 shows that the parties

                   resolved their dispute and learned counsel for the petitioner and

                   opposite party no. 2 jointly submit that they are now residing

                   together, in that background, this Court is inclined to grant him the

                   anticipatory bail with conditions.

                                7. Let the petitioner in the event of arrest or surrender

                   within a period of four weeks from the date of receipt of the order,

                   shall be released on anticipatory bail on furnishing bail of Rs.
           Patna High Court CR. MISC. No.54325 of 2025(4) dt.19-03-2026
                                                       2/2




                     10,000/- (ten thousand) each with two sureties of the like amount

                     each to the satisfaction of the learned C.J.M., Buxar in connection

                     with Complaint Case No. 293(C)/2024 subject to condition as laid

                     down under Section 438(2) of the Cr.P.C.

                                  (i)   one    of    the     bailor       should   be   the   family

                     members/relatives of the petitioner, who shall provide official

                     document (Aadhar Card, PAN Card, Driving License, Voter ID) to

                     show his bona fide;

                                  (ii) the petitioner shall appear on each and every date

                     before the Trial court and failure to do so for two consecutive dates

                     without plausible reason will entail cancellation of his bail bond by

                     the Trial court itself;

                                  (iii) the petitioner shall in no way try to induce or promise

                     or threat the witnesses or tamper with the evidences, failing which

                     the State shall be at liberty to take steps for cancellation of the bail

                     bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty to

                     take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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