Patna High Court
VIKASH KUMAR @ VIKAS KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
The petitioner, Vikash Kumar, sought anticipatory bail in a complaint alleging dowry demand, physical and mental torture, and assault under Sections 115(2), 126(2), 85, 352 and 316(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, after obtaining a teaching job, demanded Rs.5 lakh as dowry and, upon refusal, assaulted his wife and expelled her from the house. The petitioner denied any wrongdoing and offered to pay Rs.5,000 per month to the complainant to maintain family harmony, an offer accepted by the complainant. The court, after hearing both sides, considered the acceptance of the monetary offer and the petitioner's claim of false implication, and decided to grant anticipatory bail with conditions. The bail order required a bond of Rs.10,000 with two sureties and a monthly deposit of Rs.5,000 to the complainant, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the conditions imposed, including a monthly monetary deposit, are permissible in an anticipatory bail order.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 316(2), 352, 482(2), 85
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- Section 482
- Bharatiya Nyaya Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71241 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Vikash Kumar @ Vikas Kumar S/o Vijay Prasad Singh R/o Village- Dihra,
P.S.- Chandi, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
Rita Kumari W/o Vikash Kumar @ Vikas Kumar, D/o Nawal Rai R/o Village-
Dihra, P.S.- Chandi, District- Nalanda, Presently Vill.- Naya Tola Bariyarpur,
P.S.- Bakhtiyarpur, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akshansh Ankit, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 97(C) of 2025, registered for the
offences punishable under Sections 115(2), 126(2), 85, 352 and
316(2) of Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that the complainant
was married to the petitioner on 28.04.2004 as per Hindu rites and
rituals. After a few years, when the petitioner got a job as a teacher
in 2013, his behaviour changed and he started demanding of Rs. 5
lakh as dowry. On refusal, the petitioner and co-accused Vijay
Prasad Singh subjected the complainant to mental and physical
torture and assaulted her several times. Finally, on 15.02.2025,
Patna High Court CR. MISC. No.71241 of 2025(4) dt.09-04-2026
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they assaulted her, ousted her from the house, took her jewellery,
and threatened her, after which she went to her father’s home.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. However, without
prejudice to the right and contention of the petitioner, and in order
to maintain harmony in the family, the petitioner is ready and
willing to pay a sum of Rs. 5,000/- per month to the Opposite
Party No. 2 as living cost, subject to the final outcome of the
present case as well as the matrimonial case, if any, pending and/or
decided between the parties.
5. Learned Counsel for the complainant-Opposite Party
No. 2 accepts the offer so made by learned Counsel for the
petitioner and submits that O.P. No. 2 is at the verge of starvation
and the petitioner may be directed to deposit the said amount of
Rs. 5,000/- per month in the bank account of the complainant-
Opposite Party No. 2, details of which shall be furnished by
learned Counsel for the Opposite Party No. 2 to learned Counsel
for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties
and taking into consideration the materials on record and the fact
that the offer made by learned Counsel for the petitioner has been
accepted by learned Counsel for the Opposite Party No. 2, I am
Patna High Court CR. MISC. No.71241 of 2025(4) dt.09-04-2026
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inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a period of
six weeks from today, be released on bail, upon furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate, 1 st
Class, Barh, in connection with Complaint Case No. 97(C) of
2025, subject to the condition as laid down under Section 482(2)
of the B.N.S.S. as well as the following condition:-
(i) that the petitioner shall deposit a sum of Rs. 5,000/-
per month in bank account of the Opposite Party No. 2 positively
by the 7th day of every month starting from 21st April, 2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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