Patna High Court
Vikash KumarversusThe 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 of monthly payment to the complainant.
Summary
Vikash Kumar applied for anticipatory bail in a complaint (No. 1242 of 2021) alleging offences under IPC sections 498A, 379, 323 and Dowry Prohibition Act sections 3 and 4, relating to alleged dowry harassment and physical/mental abuse. The petitioner denied any wrongdoing and offered to pay Rs.3,000 per month to the complainant to maintain family harmony. The complainant's counsel accepted the offer, seeking a court direction for the monthly payment. After hearing both sides, the High Court considered the petitioner's claim of false implication and the acceptance of the payment offer. The Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing the condition that the petitioner deposit Rs.3,000 monthly in the complainant's bank account, subject to CrPC Section 438(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under IPC and Dowry Prohibition Act.
- Whether imposing a condition of monthly payment to the complainant is permissible while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 379, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85564 of 2025
Arising Out of PS. Case No.-1242 Year-2021 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Vikash Kumar S/o Lal Babu Paswan R/o Village - Sadha Damwa Ojha Tola,
Ward No. 14, P.S - Motipur, District - Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Kumari W/o Vikash Kumar D/o Amarjeet Paswan, R/o Village -
Sadha Damwa Ojha Tola, Ward No. 14, P.S - Motipur, District -
Muzaffarpur, Present Address / Nahiyar Address - R/o Village - Bhatauliya,
P.S - Goraul, District - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas
For the OP-2 : Mr. Hemand Ray
For the State : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 21-04-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1242 of 2021, registered for the
offences punishable under Section 498(A)/379/323 of the
Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.
3. The allegation, as per the complaint case, is that the
complainant was married to the petitioner on 24.10.2018
and at the time of marriage her parents gave gold and
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silver ornaments and clothes as gifts. After some time of
marriage, the petitioner including the accused persons
started harassing the complainant for demand of a
motorcycle and Rs. 50,000/- in cash as dowry. Due to
non-fulfillment of demand, the complainant was was
subjected to harassment mentally and physically. On
12.07.2021, the complainant was ousted from her
matrimonial home after keeping her one year old son.
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. 3,000/- 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 submits that the complainant is at verge of starvation
having no source of income accepts the offer so made by
learned counsel for the petitioner and submits that the
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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 the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am 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 Chief Judicial Magistrate, Vaishali at Hajipur, in
connection with Complaint Case No. 1242 of 2021,
subject to the condition laid down under Section 438 (2)
of the Code of Criminal Procedure.
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9. This is subject to the condition that the petitioner shall
deposit a sum of Rs. 3,000/- per month in the bank
account of Opposite Party No. 2, staring from 11th May,
2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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