Patna High Court
Deepak Bhagat @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 304B, 34, 498A
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
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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
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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.
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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
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