Patna High Court
Vikki Kumar Chandravanshi @ Vicky Kumar Chandravanshi @ Vikki Kumar @ Vikki Kumar ChandrabanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and omnibus and therefore granted bail to the petitioner.
Summary
The petitioner, Vikki Kumar Chandravanshi, was named in a 2017 complaint (Case No. 601) alleging offences under IPC Sections 498-A, 406, 323 and Section 3 of the Dowry Prohibition Act, primarily for demanding dowry and alleged cruelty. The petitioner sought bail, arguing that the allegations were vague, general and omnibus, and that the magistrate had only taken cognizance of the 498-A and Dowry Act charges. The State opposed bail but conceded that the allegations were indeed general. The court noted the lack of specific particulars and the petitioner’s clean antecedents, and ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under CrPC Sections 438(2) and 482(2).
Issues considered
- Whether the allegations in the complaint are sufficiently specific to deny bail
- Whether the petitioner is entitled to bail despite the pending charges under IPC 498‑A, 406, 323 and the Dowry Prohibition Act
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 406, 498-A
Subjects
- bail
- dowry harassment
- IPC 498-A
- criminal breach of trust
- assault
- Dowry Prohibition Act
- general and omnibus allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36985 of 2025
Arising Out of PS. Case No.-601 Year-2017 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Vikki Kumar Chandravanshi @ Vicky Kumar Chandravanshi @ Vikki Kumar
@ Vikki Kumar Chandrabanshi S/O Radheshyam Chandravanshi @
Radheshyam Kahar R/O Village- Redia, P.S- Chenari, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chanda Devi W/O Vikki Kumar Chandravanshi @ Vicky Kumar
Chandravanshi @ Vikki Kumar @ Vikki Kumar Chandrabanshi D/O Late
Rajendra Prasad, R/O Village- Redia, P.S- Chenari, Distt.- Rohtas. At
present R/O Village- Kudra, P.S- Kudra, Distt.- Kaimur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh, Adv
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 15-01-2026 Heard the parties.
2. The petitioner is named in the complaint petition and
apprehending his arrest in connection with Complaint Case No.
601 of 2017 registered for the offences punishable under Sections
498-A, 406, 323 of the Indian Penal Code and Section ¾ of the
D.P. Act.
3. The allegation against petitioner is to commit cruelty
upon complainant along with family members due to non-
fulfillment of demand of dowry as raised for cash of Rs. 1 lakh, one
motorcycle and one golden chain.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that allegation qua demand of dowry and
physical assault appears very much general and omnibus against
this petitioner and moreover learned Jurisdictional Magistrate took
cognizance only for the offence punishable under Section 498-A of
the IPC and Section ¾ of the D.P. Act. It is pointed out that
allegation qua assault and misappropriation of property under
Section 406 of the IPC was not believed by the learned Trial Court.
It is submitted that all possible efforts to serve notice upon
complainant and even when she was called on her phone as
available through complaint petition 9572984903 by process
server it was told that this mobile number not belongs to
complainant and therefore notice could not be served. While
concluding arguments, it is submitted that petitioner is a man of
clean antecedent.
5. Learned APP appearing for the State while opposing
the prayer of bail submitted that petitioner being husband was
actively involved in the occurrence, but he fairly conceded that
allegations appears general and omnibus in nature.
6. In view of aforesaid submission and by taking note
of fact as allegation qua demand of dowry and physical assault
appears general and omnibus in nature, accordingly petitioner
above-named, in the event of his arrest or surrender before the
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court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M. Sasaram, Rohtas/concerned
Court, where the case is pending in connection with Complaint
Case No. 601 of 2017, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
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