Patna High Court
Ravi Prakash Kumar @ Vikash Kumar @ Vikash ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with stringent conditions, finding no justification to deny bail under Section 438(2) CrPC.
Summary
The petitioner, Ravi Prakash Kumar, was arrested in connection with a dowry harassment case (Bettiah (M) P.S. Case No. 55 of 2024) alleging assault, ouster from matrimonial home, and a second marriage, invoking Sections 85, 115(2), 85(1), 3(5) of the Bihar Nat. ... Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner claimed a clean antecedent, denied the substantive allegations, and offered to pay interim maintenance of Rs.10,000 to the informant. Both the informant’s counsel and the Additional Public Prosecutor consented to bail, subject to conditions. The court, applying Section 438(2) of the Code of Criminal Procedure, ordered bail on a bond of Rs.10,000 with two sureties and imposed specific financial, attendance, and conduct conditions. The bail order also directed the petitioner to deposit a demand draft for the informant and to make monthly payments, with provisions for cancellation upon breach.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC despite serious dowry‑related allegations.
- Whether the conditions imposed, including interim maintenance and attendance requirements, are permissible and sufficient to safeguard the informant’s interests.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry harassment
- domestic violence
- Section 438 CrPC
- Bihar Nat. ... Act
- Dowry Prohibition Act
- interim maintenance
- second marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4049 of 2026
Arising Out of PS. Case No.-55 Year-2024 Thana- MAHILA P.S District- West Champaran
======================================================
Ravi Prakash Kumar @ Vikash Kumar @ Vikash Chaubey Son of Pramod
Chaubey R/o Village Gurwaliya Vishwash Ward 02, P.S.- Manuwapul, Dist.-
West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari @ Puja Devi Wife of Raviprakash Kumar @ Vikash Chaubey
D/o Braj Kishore Ojha, R/o Mohalla Sagar Phokhara, P.S.- Bettiah Town,
District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
For the Informant : Mr. Sanjeev Kumar, Advocate
Mr. Sitesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Dhannjay Kumar Ii, learned counsel for
the petitioner, Mr. Sanjeev Kumar, learned counsel for the
informant and Mr. Ajay Kumar No.2, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bettiah (M) P.S. Case No. 55 of 2024, F.I.R.
dated 26.10.2024 for the offences punishable under Sections 85,
115(2), 85(1) and 3(5) of the BNS, 2023 and Sections 3/4 of the
Dowry Prohibition Act.
3. According to prosecution case, all the accused
persons including this petitioner who happens to be the husband
Patna High Court CR. MISC. No.4049 of 2026(2) dt.06-02-2026
2/4
of the informant abused, assaulted and ousted the informant
from her matrimonial house dud non-fulfillment of demand of
dowry and this petitioner further solemnized second marriage.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. Although learned counsel for
the petitioner has not denied the fact that the petitioner has
performed second marriage. He further submits on instruction
that the petitioner is ready to pay Rs. 10,000/- as an interim
maintenance to the informant, subject to the outcome of the
final maintenance case, if any.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have no objection in this regard.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
CJM, Bettiah, West Champaran in connection with Bettiah (M)
Patna High Court CR. MISC. No.4049 of 2026(2) dt.06-02-2026
3/4
P.S. Case No. 55 of 2024, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioner shall produce a demand draft of Rs.
10,000/- in favour of the informant, namely, Puja Kumari @
Puja Devi and the learned Court below is directed to hand over
the said demand draft to the informant or her representative at
the time of furnishing bail bond. It is further directed that the
petitioner shall pay Rs. 10,000/- per month in the bank account
of the informant whose details are - Account No. -
444210110013433, IFSC Code- BKI0004442 in the very first
week of the every month and if the petitioner fails to pay the
aforesaid amount to the informant, the informant has liberty to
move before the appropriate forum for cancellation of the bail
bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.4049 of 2026(2) dt.06-02-2026
4/4
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…