Created by Fuzzy Cloud

Patna High Court

Deepak Bhagat @ Dipak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed the anticipatory bail application, subject to bond and surety conditions and the possibility of cancellation for non‑cooperation.

Summary

The petitioner, Deepak Bhagat, sought anticipatory bail after learning that he might be arrested in a dowry‑death case involving offences under Sections 304B, 498A and 34 of the IPC. He contended that the informant was not an eye‑witness, that the death was a suicide, and that there were no prior complaints of dowry harassment during the five‑year marriage. He argued that the body was sent for post‑mortem, indicating no attempt to conceal evidence, and that he would cooperate with the investigation. The State opposed the bail, citing the seriousness of the alleged offences. The High Court, after considering the petitioner's clean antecedents and the lack of concrete evidence linking him to the crime, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, with a provision for cancellation if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged dowry death under Sections 304B, 498A and 34 IPC.
  • Whether the petitioner’s alleged non‑involvement and cooperation with investigation justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 304B IPC
  • Section 498A IPC
  • Section 34 IPC
  • Criminal Procedure Code
  • High Court
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72049 of 2025
                      Arising Out of PS. Case No.-74 Year-2024 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Deepak Bhagat @ Dipak Kumar S/o Harkeshwar Bhagat R/o Village-
                 Pattishital, P.s.- Derni, Distt.- Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 304(B),

                   498(A) and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his daughter was married to Abhinandan on

                   21.11.2019,        after   marriage,      the    accused       persons      were

                   demanding dowry of Rs. 2 lakhs and a motorcycle and for

                   nonfulfillment of the demand, the victim was abused and

                   tortured, it is further alleged that on 12.04.2024 at 12:40 P.M.,

                   the accused persons strangulated the victim to death.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.72049 of 2025(2) dt.11-02-2026
                                            2/4




          petitioner submits that the petitioner has been falsely implicated

          in the instant case by the informant, it is next submitted that the

          informant is not an eye-witness to the occurrence, as such, the

          entire allegation that, petitioner was also involved in the

          occurrence of strangulating the deceased to death, hinges around

          suspicion. It is next submitted that had petitioner been involved

          in the occurrence along with his family members, in that event,

          efforts would have been made to dispose of the dead body with

          a view to conceal the evidence, but then the dead body was sent

          for postmortem for ascertaining the cause of death. It is also

          submitted that the deceased committed suicide. It is further

          submitted that the marriage of the deceased with Abhinandan

          was performed on 21.11.2019 and the F.I.R. came to be

          instituted in the year 2024, i.e., after five years of marriage. It is

          next submitted that no doubt the death of the victim occurred

          within seven years of marriage, as such presumption in law is

          against the husband of the deceased and his family members,

          but then it is submitted that since the dead body was sent for

          postmortem, it amply demonstrates that no efforts were made to

          conceal the evidence. It is also submitted that in between five

          years of marriage, no case ever came to be instituted alleging

          that accused persons including the petitioner were demanding
Patna High Court CR. MISC. No.72049 of 2025(2) dt.11-02-2026
                                            3/4




          dowry and for non-fulfillment of the same, the victim was

          tortured. It is next submitted that whenever any dispute arises in

          between the husband and the wife and the occurrence of the

          nature as alleged takes place, the entire family members are

          implicated in a mechanical manner with general and omnibus

          allegations. It is also submitted that petitioner will not abscond

          rather will cooperate in the investigation to prove his innocence.

          It is next submitted that Shail Kumari Devi, mother-in-law of

          the deceased, had approached this Court seeking anticipatory

          bail by filing Criminal Miscellaneous No. 51911 of 2025 and

          the same came to be allowed by an order dated 01.09.2025.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned trial

          court where the case is pending/Successor Court in connection

          with Derni P.S. Case No. 74 of 2024, subject to the conditions as

          laid down under Section 482(2) of the BNSS.
            Patna High Court CR. MISC. No.72049 of 2025(2) dt.11-02-2026
                                                        4/4




                                   7. However, it is made clear that in the event if the

                      Investigating Officer of the case files an application before the

                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                   8. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                   9. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.