Patna High Court
Vimlesh Kumar Pathak @ Bimlesh Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to stringent conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Vimlesh Kumar Pathak sought anticipatory bail in a criminal case (Darbhanga Mahila P.S. Case No. 07 of 2025) alleging offences under several sections of the BNS and the Dowry Prohibition Act. The prosecution alleged that after a 2018 marriage, the petitioner tortured the wife and expelled her, leading to a divorce suit and a failed mediation. The wife claimed their child was losing eyesight and required treatment, which the petitioner, an Indian Air Force officer stationed at Ambala, offered to arrange. The court noted the petitioner’s willingness to pay a convenience charge and to ensure the child’s care, and, considering the positive developments, decided to grant anticipatory bail with strict conditions under Section 438(2) of the Cr.P.C. The bail order required a cash bond, sureties, documentation of family members, regular court appearances, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the BNS and Dowry Prohibition Act.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. are sufficient to safeguard the interests of the complainant and the State.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- domestic violence
- child health
- mediation failure
- Indian Air Force
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49377 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
Vimlesh Kumar Pathak @ Bimlesh Kumar Pathak S/O Uday Krishna Pathak
Resident of Village- Choraut North, P.S- Choraut, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pooja Kumari D/O Kamla Nand Jha R/O Mohalla- Bela Chauk, Main Road,
P.O- Lalbagh, P.S- Lalit Narayan University, Distt.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Pathak, Adv.
For the Opposite Party/s : Mr. Ashok Jha, Adv.
Mr. Saurav Anand, Adv.
For the State : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-03-2026 Heard Mr. Sanjiv Kumar Pathak, learned Counsel for
the petitioner, Mr. Saurav Anand for the informant and Mrs.
Indiwar Kumari, learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Darbhanga Mahila P.S. Case No. 07 of 2025 for the offence
registered under sections 85, 126(2), 115(2), 351(2), 352 and
3(5) of the BNS and Section 3 and 4 of the Dowry Prohibition
Act.
3. As per the prosecution story, the informant alleged
that the marriage was solemnized in the year 2018 but the
torture started and finally, she was thrown out of the house.
4. Learned Counsel for the petitioner submits that a
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Divorce Suit vide HMA No. 970 of 2024 has been preferred
before the learned Principal Judge, Family Court, Ambala which
now stands transferred to Darbhanga vide case no. 328 of 2025.
Only after the notice was received, the present case.
5. The Co-ordinate Bench sent the matter to the
Mediation Center but the report dated 24.11.2025 shows that it
failed.
6. Learned counsel for the opposite party submits that
the child out of the wedlock is losing his eyesight and if proper
treatment is not made, he will turn blind.
7. Learned counsel for the petitioner submits that he
being serving with the Indian Air Force at Ambala, is ready to
get the proper treatment of the child through that hospital once
the lady along with the child arrives at Ambala.
8. This Court expects the petitioner to pay 5,000/- as
convenience charge to the lady as also the child for visiting
Ambala.
9. Learned counsel for the opposite party no. 2
submits that she will be visiting Ambala within a fortnight and it
is expected that the petitioner will be taking full care of his child
and ensure that he continues to see the light of the day.
10. Due to the positive development that has taken
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place, recorded above, this Court is inclined to grant him the
anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned SDJM, Darbhanga
in connection with Darbhanga Mahila P.S. Case No. 07 of 2025
subject to condition as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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