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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

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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

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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

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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.

Patna High Court CR. MISC. No.84645 of 2025(3) dt.31-01-2026

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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

Patna High Court CR. MISC. No.84645 of 2025(3) dt.31-01-2026

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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