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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.85115 of 2025(5) dt.18-06-2026
                                                      3/3




                    fact that altogether one lakh has been paid to her by the

                    petitioner.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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