Patna High CourtCR. MISC./17857/2025bail granted

Kumar Harshvardhan @ Mukul @ Sanu v. The State Of Bihar

2025-07-14Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17857 of 2025 Arising Out of PS. Case No.-1768 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Kumar Harshvardhan @ Mukul @ Sanu S/O Virendra Kumar @ Vinay Kumar @ Kumar Virendra R/O Vill.- Rupaspur Bhatta, Ward no. 3, P.S.- Rupaspur, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Ruchi Kumari Wife of Kumar Harshvardhan @ Mukul @Sanu, Daughter of Sanjeev Kumar Presently Residing at Khajuri Niwas, West Side of R.N.A.R. College, Old Gate, Shri Krishnapuri, Ward No. 07, Police Station- Muffasil, District- Samastipur. Permanent Address- Village- Balbhadrapur Khajuri, Police Station- Kalyanpur, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP For the Complainant :

Dr. Om Prakash Om, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2025 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner, Dr. Om Prakash Om, learned counsel for the complainant and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. ER-195 of 2023, F.I.R. dated 29.08.2023 for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry

2/4 Prohibition Act.

3. According to prosecution case, Ruchi Kumari, the O.P. No.2, filed a complaint stating that she married the petitioner on 11.12.2020, and her family gave cash, ornaments, and other items as gifts. After six months of marriage, her husband and in-laws demanded an additional Rs. 5 lakhs and a bullet bike. When her father could not fulfill this, she was abused, denied food, and later given sleeping pills, leading to hospitalization. After giving birth to a son on 09.09.2021, she returned home but faced renewed demands and was eventually thrown out along with her child on 03.11.2021. Her father's attempts to resolve the issue failed, prompting her to file the present case.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case because he is the husband of the complainant. Pursuant to the direction of this Court dated 28.04.2025, the petitioner has brought the complainant back to her matrimonial house and now the complainant is residing with the petitioner in their house.

5. The learned counsel for the informant/Opposite Party No.2 has informed this Court that she is living with the

3/4 petitioner as his wife with full dignity and honor.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Sub Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. ER-195 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) sharun/- U T