Patna High Court
Bikki Kumar @ Bikki PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a condition to deposit Rs 3,000 per month to the complainant.
Summary
Petitioner Bikki Kumar sought anticipatory bail fearing arrest in a complaint alleging dowry harassment, assault, and other offences under IPC sections 323, 504, 498A, 307, 379 and Section 3 of the Dowry Prohibition Act. The prosecution alleged that after marriage the petitioner demanded a dowry of five lakh rupees, abused and tortured the complainant, and later contracted a second marriage, leaving the complainant in destitution. The petitioner denied all allegations, contended the complaint was false and delayed, and offered to pay a modest monthly amount as living expenses. The complainant accepted the offer of a monthly payment of Rs 3,000. The court, after hearing both sides, granted anticipatory bail subject to a bail bond, sureties, and the condition that the petitioner deposit Rs 3,000 each month into the complainant’s bank account.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences.
- Whether the court can impose a condition of monthly monetary payment to the complainant as part of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 379, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75518 of 2025
Arising Out of PS. Case No.-284 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Bikki Kumar @ Bikki Paswan S/O Sri Balmiki Paswan R/O Village- Gobind-
pur Tola, Phulwariya, P.S. - Dharhara, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kajal Kumari @ Kajal Devi W/O Bikki Paswan @ Bikki Kumar, D/O Late
Ramcharitra Paswan R/O Ratnupur, P.S- Suryagarha, Distt.- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 01-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 284 of 2022 dated 03.06.2022 registered
for the offence punishable under Sections 323 / 504 / 498(A) /
307 / 379 of the I.P.C. and Section ¾ of the D.P. Act.
3. The prosecution case in short is that the marriage of the
complainant was solemnized with the petitioner according to
Hindu rites and rituals six years ago. It is alleged that a few days
after marriage the accused persons including the petitioner
started demanding rupees five lakhs as dowry and due to non
fulfillment of the demand, they abused her and tortured her
mentally and physically and drove her out of matrimonial home.
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It is also alleged that the petitioner solemnized second marriage.
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged and has falsely been implicated in this case. He further
submits that neither any dowry demand has been made from the
complainant by the petitioner or any of his family members nor
the complainant has been subjected to any type of assault or
torture at any point of time. He next submits that the present
complaint has been lodged after six years of the marriage which
itself casts doubt on the prosecution case. He also submits that
only ornamental allegation has been made against the petitioner.
However, without prejudice to the right and contention of the
petitioner and in order to maintain harmony in the family, the
petitioner undertakes to pay a sum of Rs. 3,000/- per month to
the Opposite Party No. 2 as “living cost” subject to final out-
come of the present case as well as matrimonial case and / or
maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No. 2
submits that petitioner has performed second marriage and is
living with his second wife and the complainant / Opposite
Party No. 2 is at the verge of starvation. However, he accepts
the offer so made by learned counsel for the petitioner and
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submits that the petitioner may be directed to deposit the said
amount of Rs. 3,000/- 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 offer made by learned counsel for the petitioner has been
accepted by learned counsel for the Opposite Party No. 2, as
such, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. 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 anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned S.D.J.M.,
Lakhisarai in connection with Complaint Case No. 284 of 2022
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. 3,000/- per month in the bank account of the
Opposite Party No. 2 positively by the 7 th day of
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every month starting from the month of April,
2026.
(Anil Kumar Sinha, J)
praful/-
U T
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