Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted subject to the petitioner furnishing the bail bond and paying the remaining compensation amount upon encashment of the cheque.
Summary
Vikash Kumar applied for bail fearing arrest in Complaint No. 871/2024, which alleged offences under Sections 85/316(2) of the Bihar Negotiable Instruments Act and Section 3 of the Dowry Prohibition Act. The parties had reached an out‑of‑court settlement whereby the petitioner agreed to pay a total of Rs 1 lakh to the second opposite party, having already handed a Rs 50,000 cheque to the petitioner’s counsel. The petitioner’s counsel offered the cheque to the opposite party’s counsel and promised to pay the remaining Rs 50,000 at the time of furnishing bail. The High Court, after noting the settlement and the payment arrangement, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to pay the balance amount upon encashment of the cheque. The order was made subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted in a case where the parties have settled the dispute and the petitioner has partially paid the compensation claimed by the opposite party.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 482, 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
Subjects
- bail
- settlement
- dowry prohibition
- negotiable instruments
- criminal procedure
- compensation
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85115 of 2025
Arising Out of PS. Case No.-871 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Vikash Kumar Son of Tulsi Sah R/o Village - Lalanpur, Ward no. 5, P.S. -
Kudra, Dist. - Bhabhua(Kaimur).
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Neha Kumari D/O Birendra Sah, W/O Vikas Kumar Ward no. 5, Kundra
Lalapur, P.S.- Kundra, Dist. (Kaimur) Bhabua, at present- village- kochas,
P.S. - Kochas, Dist. - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Chandra
For the Opposite Party/s : Mr.Parmanand Prasad
For the O.P. No. 02 : Mr. Ram Naresh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 871 of 2024 registered for
the offence under Sections 85/316(2) of the BNS and under
Section ¾ of the Dowry Prohibition Act.
3. At the very outset, learned counsel for the
petitioner submits that the parties have settled their dispute as
one time settlement and the petitioner has to pay Rs. 1 lakh to
the opposite party no. 02. Learned counsel for the petitioner has
also handed over a cheque of Rs. 50,000/- to the learned counsel
Patna High Court CR. MISC. No.85115 of 2025(5) dt.18-06-2026
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for the opposite party no. 02 which has been accepted by him
and the learned counsel for the petitioner also assured this Court
that rest of the balance amount i.e. Rs. 50000/- will be handed
over to the opposite party no. 02 at the time of furnishing bail
bonds.
4. Considering the aforesaid facts, this application
is allowed.
5. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Complaint Case No. 871 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
6. As a condition of this order, the petitioner is
directed to pay the remaining balance amount to the opposite
party no. 02 i.e. Rs. 50,000/- at the time of furnishing his bail
bonds and the bail bonds of the petitioner shall only be
accepted after the encashment of the cheque given by the
learned counsel for the petitioner today to the learned counsel
for the opposite party no. 02 and after the informant supports the
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fact that altogether one lakh has been paid to her by the
petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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