Adarsh Raj @ Vikky Yadav @ Vikky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17388 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Adarsh Raj @ Vikky Yadav @ Vikky S/O Raj Kishore Kumar R/O MohallaHanuman Nagar, Maranpur, Near Bye Pass, P.S.- Vishnupad temple, Dist.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rinki Kumari W/O Adarsh Raj @ Vikky Yadav @ Vikky, D/O Awdhesh Yadav R/at Vill.- Ismailpur, P.S.- Tekari, Dist.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the State :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Vishnupad P.S. Case No. 296 of 2024, dated 09.10.2024, registered for the offences punishable under Sections 126(2), 115(2), 351(2), 352, 85 and 3(5) of B.N.S. and Section 3⁄4 of D.P. Act.
3. As per allegation, the informant wife is being tortured by her husband-petitioner and his family members on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.17388 of 2025(2) dt.16-04-2025 2/3 case. He further submits that the informant-wife is a lady of quarrelsome nature and she has left the matrimonial home on her own and that is why, the petitioner-husband has filed one matrimonial petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the informant-wife and thereafter, the present false case has been lodged by her.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Vishnupad P.S. Case No. 296 of 2024, subject to the conditions
Patna High Court CR. MISC. No.17388 of 2025(2) dt.16-04-2025 3/3 as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T