Patna High Court
Vishwajit Kumar @ Sujit Kumar @ VishwajitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties and compliance with the maintenance payment condition under Section 438(2) of the CrPC.
Summary
Vishwajit Kumar, the petitioner, sought bail in a criminal case registered under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. He had already paid Rs.36,000 to his wife, Amrita Kumari, as ordered by the Family Court of Sheohar and had undertaken to continue regular maintenance payments. The State and the informant did not contest the factual background presented by the petitioner. The Court considered the petitioner’s compliance with the family‑court order and his undertaking as mitigating factors. Accordingly, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to ensure the maintenance payment is made if not already done, under the conditions of Section 438(2) of the Code of Criminal Procedure.
Issues considered
- Whether bail should be granted to the petitioner despite pending charges under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act
- Whether the petitioner’s payment of maintenance and undertaking affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 3(5), 351(2), 85
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- maintenance
- dowry prohibition
- criminal procedure
- family court order
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37382 of 2025
Arising Out of PS. Case No.-33 Year-2024 Thana- MAHILA P.S. District- Sheohar
======================================================
Vishwajit Kumar @ Sujit Kumar @ Vishwajit son of Late Shyam Sundar
Yadav R/o Village- Bagahi Ranjitpur, Ward No.01, P.S. -Punaura, District
-Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Amrita Kumari Daughter of Rasha Narayan yadav village- Nayagav, Ward
no. 13, Ps- Piparari, Dist- sheohar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Murari, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, A.P.P.
Mr Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
9 17-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 115(2), 126(2), 127(2),
85, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
sections 3 & 4 of the Dowry Prohibition Act.
3. Petitioner is husband of opposite party no.2. It is
submitted on behalf of the petitioner that pursuant to order dated
31.7.2025, passed by the Family court, Sheohar, petitioner has
already paid Rs.36,000/- to opposite party no.2 and undertakes
to pay her maintenance amount regularly as directed by the
court below.
4. Learned counsel for the State and the informant
does not oppose the facts presented on behalf of the petitioner.
5. Considering the aforesaid facts of the case and the
undertaking of the petitioner, prayer for bail of the petitioner is
Patna High Court CR. MISC. No.37382 of 2025(9) dt.17-02-2026
2/2
allowed. In the event of arrest/surrender within six weeks from
today, let the petitioner, mentioned above, 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 Sub
Divisional Judicial Magistrate, Sheohar in Sheohar Mahila
Police Station Case No. 33/2024, subject to the conditions laid
down under section 438(2) of the Code of Criminal Procedure.
In case, petitioner has not paid aforesaid Rs.36,000/- to opposite
party no.2, the same shall be paid to her immediately and its
receipt shall be filed at the time of furnishing bail bonds.
(Prabhat Kumar Singh, J)
Shashi
U T
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