Allowed¶23

Deepak Raj v. The State of Bihar

Patna HC4 Sept 2025CR. MISC./760/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; apprehension of arrest; Patna High Court; Criminal Miscellaneous No. 760 of 2025; Ss. 341, 323, 379, 498A IPC; dowry demand of bullet motorcycle; cruelty and ouster; interim relief Rs. 3,000 per month as bail condition; bail bond Rs. 10,000 with two sureties; cancellation of bail-bond on two-month default; section 482 BNSS 2023; mediation failed; East Champaran; SDJM Motihari; Justice Prabhat Kumar Singh; order dated 04-09-2025.

What did the court decide?

Conditional enlargement on bail in the event of arrest/surrender within eight weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each before the SDJM, Motihari, East Champaran, subject to section 482 BNSS 2023 conditions and to payment of Rs. 3,000/- per month interim relief to opposite party no.2 into her disclosed savings bank account.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in the complaint case arising out of P.S. Case No. 1089 of 2023 (offences under Ss. 341, 323, 379, 498A IPC), should be enlarged on bail in the event of arrest/surrender. +1 more

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Court's answer

In the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Motihari, East Champaran, subject to the conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the further conditions specified in the order.

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Ratio / Principle

As conditions of bail, opposite party no.2 is to file an affidavit before the court below disclosing her savings bank account number, and the petitioner is to deposit the interim relief of Rs. 3,000/- per month in that account.

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Key takeaways

If the petitioner fails to deposit the temporary relief/solace amount for two consecutive months, the court below is at liberty to cancel the bail-bond.ratio¶28
The interim-relief payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order does not preclude the parties from resolving the issue otherwise.ratio¶29

Detailed headnote1 paragraphs

Anticipatory bail allowed to Deepak Raj (husband of opposite party no.2) apprehending arrest in Complaint Case No. C1-1089 of 2023 / Trial No. 2901 of 2023 (arising out of P.S. Case No. 1089 of 2023, East Champaran) for offences under Ss. 341, 323, 379, 498A IPC. Mediation before the Mediation & Conciliation Center, Patna High Court having failed, bail granted in the event of arrest/surrender within eight weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the SDJM, Motihari, subject to section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and to payment of Rs. 3,000/- per month interim relief to the wife into her affidavit-disclosed savings bank account; default for two consecutive months exposes the bail-bond to cancellation; payments subject to any order in matrimonial/maintenance or connected proceedings.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.760 of 2025

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Arising Out of PS. Case No.-1089 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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Deepak Raj Son of Ram Kishore Bhagat Resident of Parsara Pilkipur @ Patsara, P.S.- Pier Parsara @ Pier, District- Muzaffarpur, Temporary AddressMotibabu Khadi Bhandar Road Chitragupt Line Near Bhartiya Niketan Sul, P.S.- Mithanpura, District- Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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Khushboo Kumari Wife of Deepak Raj, D/O- Late Prabhu Bhagat @ Late Shambhu Bhagat Resident of Parsara Pilkipur @ Patsara, P.S.- Pier Parsara @ Pier, District- Muzaffarpur, Temporary Address- Motibabu Khadi Bhandar Road Chitragupt Line Near Bhartiya Niketan Sul, P.S.- Mithanpura, District- Muzaffarpur at present R/O- Rajua Basri @ Rajua Bakhari, P.S.Mehsi, District- East Champaran

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Munish Om Prakash Singh For the Opposite Party/s : Mr.Sanjay Kumar, A.P.P. Mr. Tushar Mittal, V.Rani, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 04-09-2025

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Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag ‘M’).

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Heard learned counsel for the petitioner, the State and the opposite party no.2.

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The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 341, 323, 379, 498A of the Indian Penal Code.

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Prosecution case in brief is that opposite party no.2

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Patna High Court CR. MISC. No.760 of 2025(4) dt.04-09-2025 2/3

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was married with the petitioner in 2020. After marriage, this petitioner along with other accused persons started demanding a bullet motorcycle as dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 from her matrimonial house.

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Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

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Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents’ house. It is further submitted that she has no means of livelihood and is on the verge of starvation.

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In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged 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 Sub Divisional Judicial Magistrate, Motihari, East Champaran in Complaint Case No. C1-1089 of 2023/ Trial No. 2901 of 2023,

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Patna High Court CR. MISC. No.760 of 2025(4) dt.04-09-2025 3/3

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subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on the following conditions:-

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(i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

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(ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

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(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

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shashi/-

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U T

Deepak Raj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Raj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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