Bikram Kumar Singh @ Vikram Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32134 of 2025 Arising Out of PS. Case No.-219 Year-2021 Thana- DARIHAT District- Rohtas ====================================================== Bikram Kumar Singh @ Vikram Kumar Singh, S/o- Ashok Kumar Singh, R/o Village- Khaira, Police Station, Darigaon, District-Rohtas at Sasaram. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Sindhu Kumari, D/o- Late Kanhaiya Singh, Village- Brekap P.S- Darihat Dist- Rohtas.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Raghunandan Kumar Singh, Advocate For the State :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Darihat P.S. Case No. 219 of 2021, dated 23.12.2021, registered for the offences punishable under Sections 341, 323, 354,(B), 498(A), 494, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. As per allegation, the marriage between the Informant and the Petitioner was solemnized in the year 2014 and subsequently, the Informant joined the matrimonial home of the Petitioner and she was blessed with a girl child out of the wedlock. However, demand of additional dowry of
2/4 Rs.2,00,000/- started on behalf of the Petitioner and on account of non-fulfillment of the same the Informant was subjected to torture in various ways and ultimately, she was ousted from the matrimonial home and since then, she has been living in her maike along with her minor daughter. After some time, she came to know that the Petitioner/husband has entered into second marriage with one lady Sanju Kumari and when she protested to it, she was further subjected to cruelty by the Petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. As a matter of fact, it is the informant/wife who is not willing to live with him. The Petitioner is always willing to keep his wife and daughter in his matrimonial home. He has even filed application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which is pending consideration before the Family Court. He also submits that the Petitioner has not entered into any second marriage and there is no material in support of the claim that he has entered into second marriage.
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
3/4 bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State as well as learned counsel for the Informant vehemently oppose the prayer of the Petitioner for bail submitting that she is also willing to live with the Petitioner/husband but it is the Petitioner who is not interested to keep her in his matrimonial home, nor the Petitioner is paying any maintenance to the Informant and her daughter.
8. Considering the aforesaid facts and circumstances and the maximum punishment prescribed for the alleged offence, this petition is allowed, directing the petitioner, abovenamed, 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 learned concerned Court below, in connection with Darihat P.S. Case No. 219 of 2021, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 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
4/4 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.) Chandan/- U T