Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of the parties’ government‑teacher status.
Summary
Vikash Kumar applied for anticipatory bail fearing arrest in a dowry‑related case (Baheri P.S. Case No. 354 of 2025) involving multiple offences under the B.N.S. and the Dowry Prohibition Act. He asserted that he and his wife, Richa Kumari, are government‑school teachers and that the allegations of assault for dowry demand are false. The State and the wife opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 10,000 bond, two sureties and verification that both parties are indeed government teachers, invoking Section 438(2) of the CrPC and Section 482 of the B.N.S. The order directs the lower court to release the petitioner if the conditions are satisfied.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S. in a dowry‑related offence case.
- Whether the petitioner’s claim of being a government‑school teacher, and that of his wife, is a condition precedent for bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 3(5), 351(2), 352, 76, 85, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
- government teacher verification
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89399 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Vikash Kumar Son of Ram Jatan Mandal Resident of Village- Ram Nagar,
P.S.- Baheri, Dist- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Richa Kumari Wife of Vikash Kumar, D/o Shiv Shankar Prasad Resident of
C/o Shiv Shankar Prasad, Village- Bara, P.S.- Baheri, District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner, learned
counsel for O.P. No. 2 and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Baheri P.S. Case No. 354 of 2025 registered for the offence
under Sections 126(2), 115(2), 76, 127(2), 85, 89, 351(2), 352,
3(5) of B.N.S. and Section 3/ 4 of Dowry Prohibition Act.
3. As per the prosecution case, petitioner who is the
husband of the victim is alleged to have assaulted the victim due to
non-fulfillment of demand of dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely been
implicated in this case. It is next submitted that both petitioner and
O.P. No. 2 are teachers in a government school. Petitioner has
Patna High Court CR. MISC. No.89399 of 2025(2) dt.04-02-2026
2/2
clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for O.P. No. 2 have jointly opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. 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 learned A.C.J.M.-VII, Darbhanga/
concerned Court below in connection with Baheri P.S. Case No.
354 of 2025, subject to the conditions laid down in Section 438(2)
of the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the fact that whether
petitioner and O.P. No. 2 are teachers in Government school. The
bail bonds of the petitioner shall only be accepted if it is found that
petitioner and O.P. No. 2 are teachers in Government school.
(Sandeep Kumar, J)
tusharika/-
U T
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