Deepak Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Deepak Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: release on arrest/surrender within four weeks upon bail bond of Rs 10,000/- with two sureties of like amount each before the learned Sub-Divisional Judicial Magistrate, Patna City in Complaint Case No. 1063 (C) of 2021, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions and the condition of monthly payment of Rs. 2,500 to opposite party no. 2 (payment subject to any maintenance-case order; cancellable on two consecutive defaulted payments after bank details furnished).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Complaint Case No. 1063(C) of 2021 (offences under Sections 498A, 323, 504 IPC and section 3/4 Dowry Prohibition Act, with cognizance under section 498A IPC and section 4 D.P. Act). +1 more

Court's answer

Privilege of anticipatory bail granted: in the event of arrest/surrender within four weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna City, in Complaint Case No. 1063 (C) of 2021, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023.

Ratio / Principle

Bail is premised on the petitioner's readiness to pay Rs. 2,500 (Rupees Two Thousand Five Hundred) per month to opposite party no. 2 in the first week of every month; such payment is expressly subject to any order passed in a matrimonial maintenance case or any other collateral proceeding.

Key takeaways

If opposite party no. 2 furnishes her bank account for transfer and the petitioner nevertheless fails to pay the said amount on two consecutive dates, opposite party no. 2 would be at liberty to seek cancellation of bail.ratio¶21
Release is additionally subject to a further condition tied to the order passed in the maintenance case, if any, filed (text garbled in source: 'order passed in the maintenance case, if any, filed').ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Soni Shrivastava, J., 10-04-2025) granted the privilege of anticipatory bail to Deepak Kumar, husband of complainant/opposite party no. 2 Deepika Priya, who apprehended arrest in Complaint Case No. 1063(C) of 2021 (PS Case No. 1063/2021, Patna Complaint Case) registered under Sections 498A, 323, 504 IPC and section 3/4 Dowry Prohibition Act, with cognizance taken only under section 498A IPC and section 4 D.P. Act; earlier referral to the Mediation Center having failed. Release ordered on arrest/surrender within four weeks against a bail bond of Rs 10,000/- with two like sureties before the learned Sub-Divisional Judicial Magistrate, Patna City, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions, and further conditioned on the petitioner paying Rs. 2,500 per month to opposite party no. 2 in the first week of every month — such payment subject to any order in a matrimonial maintenance case or other collateral proceeding; on two consecutive defaulted payments after she furnishes her bank account, opposite party no. 2 may move for cancellation of bail. Counsel for opposite party no. 2 undertook to provide bank account details within two weeks.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45860 of 2024

Arising Out of PS. Case No.-1063 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna

======================================================

Deepak Kumar Son Of Late Girja Shankar @ Gija Shankar Village- Bhaisani Tola, P.S.- Malsalami, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

Deepika Priya W/O- Deepak Kumar, D/O- Manoj Kumar R/O- MohallaLodhi Katra Harna Tola, P.S.- Khajekall, Distt.- Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Adv For the State : Mr. Nand Kumar, APP For the O.P.No2 Mr. Praveen Kumar, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

7 10-04-2025 Heard learned counsel for the petitioner, learned

counsel for the opposite party no. 2 and the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 1063© of 2021registered for the offences punishable under Sections 498A, 323, 504 of the Indian Penal Code and section ¾ Dowry Prohibition Act.

Cognizance has only been taken under section 498A and section 4 of D.P. Act. The matter was earlier referred to the Mediation Center. However, it appears from the mediation report that the same has failed.

The petitioner is the husband of the opposite

party no. 2. The allegation against the petitioner is demand of

Patna High Court CR. MISC. No.45860 of 2024(7) dt.10-04-2025 2/3

money and torture. It is submitted by the learned counsel for the petitioner that the entire allegation of demand of dowry and torture is not true. However, considering the fact that he happens to be the husband of the informant, and he is ready to give Rs. 2500 (Rupees Twenty Five Hundred) per month, to opposite party no. 2 in the first week of every month, it goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

Considering the facts that he has made categorical statement in paragraph -9 that he is ready to keep his wife with full honour and dignity and has also filed matrimonial case under section 9 of the Hindu Marriage Act in Family Court, Patna as would appear in Paragraph -8 and 9 of the petition, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall 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 Sub- Divisional Judicial Magistrate, Patna City in Complaint Case No. 1063 (C) of 2021 subject to conditions as laid down under Section 438(2) of the Cr.P.C/

Patna High Court CR. MISC. No.45860 of 2024(7) dt.10-04-2025 3/3

Section 482(2) of the B.N.S.S, 2023, subject to the further condition that the order passed in the maintenance case, if any, filed. If the O.P. no.2 furnishes the bank account in which the amount can be transferred and yet the petitioner fails to give the aforesaid amount on two consecutive dates to O.P no.2, the O.P No. 2 would be at liberty to file cancellation of bail.

Learned cousnel for the opposite party no. 2, under instruction, submits that opposite party no. 2 undertakes to provide her bank account details to the petitioner within a period of two weeks.

(Soni Shrivastava, J)

N.K/-

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