Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1896 of 2026 Arising Out of PS. Case No.-1897 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Vivek Kumar S/o Deepak Kumar Resident of Village - Raghunathpur, P.S - Raghunathpur O.P. (Turkauliya), District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kamni Devi @ Kamini Devi W/o Vivek Kumar D/o Bangali Singh, Resident of - Kishun Parsauni, P.S - Pipra, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Renuka Ratnakar (App 125) For Op2 :
Ms. Ranjana Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 85, 86, 82(1) and 3(5) of B.N.S. 3 . The prosecution case, in brief, is that marriage of the complainant was solemnized with this petitioner as per Hindu rites and rituals in the year 2012. It is alleged that after marriage , all the accused persons named in the F.I.R. including these petitioners, subjected the complainant to cruelty and harassment due to non-fulfillment of additional demand of dowry and later, ousted her from her matrimonial house .
Patna High Court CR. MISC. No.1896 of 2026(3) dt.22-06-2026 2/3
4. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
5. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail and submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house . It is further submitted that she has no means of livelihood and is on the verge of starvation .
6. In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged 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
Patna High Court CR. MISC. No.1896 of 2026(3) dt.22-06-2026 3/3 J.M.F.C., East Champaran, Motihari in connection with Complaint Case No. 1897 of 2024, subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.
(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise .
(Prabhat Kumar Singh, J) Koushik/Alok RajU T