Patna High Court
Vikesh Kumar Singh @ Kunal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner subject to a bond and conditions, and directed the trial court to consider a compromise.
Summary
Vikesh Kumar Singh was arrested in connection with a FIR alleging mental and physical cruelty and dowry harassment under IPC sections 341, 323, 498A, 504, 506, 34 and Section 3 of the Dowry Prohibition Act. The petitioner contended that the allegations were vague, the FIR was lodged two months after the alleged incident, and that the parties wished to continue their marital life. The State opposed bail, asserting that the petitioner had committed cruelty. The Court observed that the allegations were general and the delay in filing the FIR weakened the prosecution's case, and therefore granted bail on a bond of Rs.10,000 with two sureties, invoking Section 482(2) of the CrPC. The Court also directed the trial court to explore the possibility of a matrimonial compromise.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of mental and physical cruelty and dowry harassment
- Whether the delay in lodging the FIR and the general nature of the allegations affect the merit of the prosecution's case
- Whether Section 482(2) of the CrPC can be invoked to grant bail in this matrimonial dispute
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC
- Dowry Prohibition Act
- CrPC
- marital dispute
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69752 of 2024
Arising Out of PS. Case No.-27 Year-2023 Thana- MAHILA P.S. District- Saharsa
======================================================
Vikesh Kumar Singh @ Kunal Singh S/o Vaikunth Singh, R/o vill - Rauta, P.S
- Sour Bazar, Distt. - Saharsa. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shilpi Kumari W/o Vikesh Kumar Singh @ Kunal Singh, D/o Ashok Kumar
Singh at present residing at Refugee Colony, ward no. 6, P.S. - Saharsa,
Distt.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Saharsa Mahila P.S. Case No. 27 of 2023
registered for the offences punishable under Sections 341, 323,
498(A), 504, 506, 34 of the Indian Penal Code and Section ¾ of
D.P. Act.
3. The allegation against the petitioner is to commit
mental and physical cruelty upon the informant/opposite party no.
2 due to non-fulfillment of demand of dowry as raised for one
vehicle and flat.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.69752 of 2024(3) dt.04-02-2026
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behalf of the petitioner that admittedly informant was living with
petitioner at Delhi and when on one occasion, she came to her
parents on their instigation, the present false case was lodged with
very general and omnibus allegation. It is submitted that petitioner
is willing to keep informant/opposite party no. 2 with all her dignity
and love. It is submitted that last occurrence took place on
27.03.2023 at Delhi, whereafter the informant joined her paternal
home and as a matter of an afterthought the present FIR was
lodged on 19.05.2023 i.e. almost after two months of the
occurrence, without having any just explanation.
5. Learned APP, duly assisted by learned counsel Mr.
Chandra Mohan Jha, appearing on behalf of the informant, while
opposing the prayer of bail submitted that the petitioner being
husband committed mental and physical cruelty upon
informant/opposite party no. 2. It is pointed out by learned
counsel that informant/opposite party no. 2 is desirous to live with
petitioner at Delhi.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation qua committing physical and
mental cruelty against petitioner appearing very much general and
omnibus in nature, where the present FIR also appears lodged with
delay of about two months, accordingly, above named petitioner,
Patna High Court CR. MISC. No.69752 of 2024(3) dt.04-02-2026
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in the event of his arrest or surrender before the learned trial
Court, within a period of four weeks of the order, 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 Additional Sessions Judge-IV,
Saharsa/concerned Court, where the case is pending in connection
with Saharsa Mahila P.S. Case No. 27 of 2023 subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. Learned trial court is directed to explore the
possibility of compromise in view of the submission of learned
counsel appearing for the parties that they want to continue their
matrimonial life at Delhi.
(Chandra Shekhar Jha, J)
veena/-
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