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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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