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Patna High Court

Vikash Kumar @ Vikash Sao @ Sonu @ Bikash ShawversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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