Patna High Court
Deepak MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Deepak Mishra was arrested on 18‑12‑2024 in connection with a dowry‑death case (IPC 304B, 34 and Dowry Prohibition Act 3,4) alleging his involvement in the killing of the informant's daughter. The petitioner claimed he had a clean antecedent, that the allegations were fabricated, and that the deceased had actually committed suicide. The trial court had examined only three of seven prosecution witnesses and the trial was unlikely to conclude soon, leaving the petitioner in custody for over a year. The prosecution opposed bail, but the High Court noted the lack of specific incriminating material against the petitioner and the suicide finding. Consequently, the Court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case despite serious charges under IPC 304B, 34 and the Dowry Prohibition Act.
- Whether the petitioner’s clean antecedent and the investigation indicating suicide justify bail.
- Whether the delay in trial and limited examination of prosecution witnesses warrant bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- IPC 304B
- dowry death
- suicide
- clean antecedent
- trial delay
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84645 of 2025
Arising Out of PS. Case No.-780 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Deepak Mishra Son of Gokul Mishra R/o Village - Sonedipi, P.S. - Ballia,
Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sonu Kumar Chaudhari, Advocate
For the Informant : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Sonu Kumar Chaudhari, learned
counsel for the petitioner, Mr. Sandip Kumar Gautam, learned
counsel for the Informant as well as Mr. Anil Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.12.2024 in connection with Begusarai Town P.S. Case No.
780 of 2023, F.I.R. dated 21.12.2023 for the offences punishable
under Sections 304(B), 34 of Indian Penal Code and Section 3
and 4 of Dowry Prohibition Act.
3. According to prosecution case, the informant
alleged the involvement of the petitioner along with other co-
accused persons in killing his daughter, namely, Rakhi Kumari
(now, deceased) due to non-fulfillment of demand of dowry.
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Although the petitioner is
named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act or
demand of dowry against him rather there is general and
omnibus allegation against all the accused persons including the
petitioner and it has come during investigation that deceased
had committed suicide herself and the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 18.12.2024.
5. Vide order dated 05.01.2026 a report was called
with regard to status of case. Report of the learned Trial Court
dated 15.01.2026 reveals that out of seven prosecution
witnesses, three prosecution witnesses have been examined.
6. Learned counsel for the petitioner submits that in
view of the report of the learned Trial Court the trial is not likely
to be concluded in the near future and the petitioner is in
custody for more than one year.
7. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
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prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and it has come during
investigation that deceased had committed suicide herself, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Principal
Sessions Judge, Begusarai in connection with Begusarai Town
P.S. Case No. 780 of 2023, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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