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Patna High Court

VIKASH KUMAR @ VIKAS KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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