Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions relating to monthly payments to the complainant.
Summary
The petitioner, Vicky Kumar, was charged in a complaint case under Sections 323, 504 and 498A of the Indian Penal Code for alleged dowry harassment and cruelty by his wife, the complainant. The matter was referred to mediation, but the dispute could not be resolved. The petitioner denied the allegations and offered to pay Rs 3,000 per month as temporary relief to the complainant if he were arrested, seeking anticipatory bail. The State and the complainant opposed the bail, arguing the seriousness of the offences. The Court considered the petitioner’s clean antecedents, the mediation report, and the undertaking of monthly payment, and granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties and specific conditions including the monthly payment. The order also empowered the lower court to cancel bail if the petitioner defaults on the payment for two consecutive months.
Issues considered
- Whether anticipatory bail can be granted in a complaint case involving offences under Sections 323, 504 and 498A of the IPC.
- Whether the petitioner’s undertaking to pay a monthly amount and his clean antecedents justify the grant of bail despite opposition from the State and complainant.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 323, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- mediation
- bail conditions
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29432 of 2025
Arising Out of PS. Case No.-1110 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Vicky Kumar S/O Late Vijay Prasad Resident of Mashuk Ali Road, Sonar
Toli, P.S.- Khajekalan, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajani Kumari Soni D/O Manoj Prasad Swarnkar R/O Haveli Kharagpur
Swarnkar, Village- Kantiya Bazar, P.S- Kharagpur, Distt.- Munger, Presently
residing at Mashuk Ali Road, Sonar Toli, P.S- Khajekalan, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Harish Kumar, Advocate
For the State : Mr. Ramesh Chandra, APP
For the Complainant : Mr. Sunil Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the complainant
/Opposite Party No. 2.
2. The petitioner, husband of the complainant
/Opposite Party No. 2, apprehends his arrest in a complaint case
registered for the offence punishable under Sections 323, 504
and 498A of the Indian Penal Code.
3. Earlier, vide order dated 15.10.2025, the matter was
referred to Mediation and Conciliation Centre, Patna High
Court. However, from perusal of mediator’s report dated
Patna High Court CR. MISC. No.29432 of 2025(7) dt.27-01-2026
2/3
20.01.2026, it is apparent that despite best efforts, the dispute
between the parties could not be resolved through the process of
mediation.
4. As per prosecution case, marriage of
complainant/Opposite Party No. 2 was solemnized with this
petitioner on 28.11.2022 and thereafter, all the accused persons,
including this petitioner, started demanding dowry and due to
non-fulfillment of demand of dowry, the complainant/Opposite
Party No. 2 was subjected to cruelty and harassment.
5. Learned counsel appearing on behalf of the
petitioner submits that the petitioner denies the allegations made
in the complaint petition. Petitioner never committed torture to
complainant/Opposite Party No. 2 or demanded any dowry.
However, the petitioner undertakes to give Rs. 3,000/- (three
thousand rupees) per month by way of temporary relief/solace,
starting from this month, to the complainant/Opposite Party No.
2. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State and learned counsel
appearing on behalf of the complainant/Opposite Party No. 2
have vehemently opposed the prayer for grant of anticipatory
bail to the petitioner.
7. In view of the undertaking of learned counsel for
Patna High Court CR. MISC. No.29432 of 2025(7) dt.27-01-2026
3/3
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (three thousand rupees) per month
to complainant/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 learned S.D.J.M., Patna
City in connection with Complaint Case No. 1110 of 2023,
subject to condition as laid down under Section 482(2) of
B.N.S.S. with further following conditions:
“(A.) The Complainant/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.
(B.) Petitioner would deposit the aforesaid
amount per month in the saving bank account of the
Complainant/Opposite Party No. 2 .
(C.) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months, the court
below would be at liberty to cancel the bail bond.
(D.) 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.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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