Patna High Court
Vikash Kumar @ Vikash Sao @ Sonu @ Bikash ShawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to a bond and sureties, given his clean antecedents, pending divorce, and willingness to cooperate.
Summary
The petitioner, Vikash Kumar, was implicated in a complaint under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, alleging that he and his family tortured his wife, Shivani Kumari Soni, for additional dowry after their marriage on 25‑01‑2023. The petitioner contended that he is innocent, has no criminal antecedent, and that the complainant herself does not wish to continue conjugal life, having filed a joint mutual divorce petition that is pending. He applied for bail, expressing willingness to cooperate with the investigation and to settle the matter amicably. The State opposed the bail but did not raise any substantive objection beyond the pending criminal case. Considering the petitioner’s clean record, the pending divorce, his readiness to settle, and the nature of the allegations, the Court granted bail on the condition of a Rs.10,000 bond with two sureties and directed the trial court to facilitate conciliation between the parties.
Issues considered
- What is the appropriate discretion of the court in granting bail to an accused under Section 498A IPC and the Dowry Prohibition Act when a mutual divorce petition is pending?
- Whether the petitioner’s clean criminal record and willingness to settle justify bail despite serious dowry‑harassment allegations?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- Dowry Prohibition Act
- mutual divorce
- criminal procedure
- conciliation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3202 of 2026
Arising Out of PS. Case No.-1390 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Vikash Kumar @ Vikash Sao @ Sonu @ Bikash Shaw S/o Laxman Prasad
Sao R/o - 1, BD Road, Titagarh, Mnnicipal office Qarter, P.S- Barachakpur
Lithi, District - Kolkata
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivani Kumari Soni W/o Vikash Sao @ Sonu D/o Vijay Kumar Soni, R/o -
Pallavi Nagar, Laxmanpr Math, P.S - Alamganj, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghaw Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 21-04-2026 Despite valid service of notice, no one is
appearing on behalf of the O.P. No. 2.
2. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
3. The petitioner apprehends his arrest in a case
registered under Section 498(A) of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act.
4. As per the prosecution case, the marriage
between the petitioner and O.P. No. 2 was solemnized on
25.01.2023 as per the Hindu rites and customs. In marriage, the
father of the O.P. No. 2 gave sufficient gift items to the
petitioner but the petitioner and his family members used to
Patna High Court CR. MISC. No.3202 of 2026(4) dt.21-04-2026
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torture the O.P. No. 2 for fulfillment of further dowry.
5. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
the complainant/O.P. No. 2 herself does not want to lead
conjugal life with the petitioner despite best effort taken by the
petitioner. Petitioner is always ready to settle the issue with the
complainant. He next submits that on pressure of the
complainant, a joint mutual divorce petition has been filed,
which is pending in the Court concerned. Petitioner has got no
criminal antecedent and he undertakes to cooperate in the
investigation and trial.
6. Learned A.P.P. for the State submits that in view
of the facts and circumstances, appropriate order may be passed.
7. Having considered the facts and circumstances of
the case, willingness of petitioner to settle the matter with O.P.
No.2, pending mutual divorce petition, fair criminal antecedent
of the petitioner as well as nature of allegation against the
petitioner, let the above named petitioner be released on bail, in
the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.3202 of 2026(4) dt.21-04-2026
3/3
like amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Patna City in connection with Complaint
Case No. 1390 of 2023, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
8. The learned Trial Court shall take initiative for
conciliation between the parties.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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