Vikesh @ Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37630 of 2025 Arising Out of PS. Case No.-427 Year-2021 Thana- COMPLAINT CASE - NAUGACHIA District- Bhagalpur ====================================================== Vikesh @ Vikesh Kumar S/O Ram Bilash Singh Resident of Village- Auray, PS- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari W/O Vikesh @ Vikesh Kumar, D/O Manoj Kumar Singh R/O Harnathchak, PS- Gopalpur, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP Mr. Raju Kumar, Advocate Mr. Abhash, Advocate Mr. Pradhan Murli Manohar Pd., Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite no.2/complainant.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no.427 of 2021 registered under sections 498A, 323, 511 and 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner was married to the opposite party no.2 in the year 2018. It is stated that soon thereafter the accused persons including the petitioner

Patna High Court CR. MISC. No.37630 of 2025(3) dt.08-10-2025 2/3 herein who happens to be the husband of the complainant started to torture the complainant for non-fulfillment of the demand of dowry by way of Rs.2 lacs in cash and a Bullet motorcycle. She was abused and assaulted by the accused persons and as the police did not register the case, the instant complaint was filed.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations levelled in the complaint are false and concocted. It was the opposite party no.2 whose behaviour was objectionable. She finally left the house of the petitioner on her own and subsequently filed Matrimonial Case no.256 of 2020 in the Court of learned Principal Judge, Bhagalpur and still not having been satisfied with the same filed this complaint case in the year 2021 with false and frivolous allegations. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the complainant. Learned counsel for the complainant submits that the complainant has always been ready to reside with the petitioner. Having been abused, assaulted and forced out of the house, she still filed an application under section 9 of the Hindu

Patna High Court CR. MISC. No.37630 of 2025(3) dt.08-10-2025 3/3 Marriage Act, which was registered as Matrimonial Case no.256 of 2020 in the Court of learned Principal Judge, Bhagalpur and she is still ready to reside with the petitioner even today. It is submitted that the case may be referred for mediation.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner in the complaint, so far as conciliation between the parties is concerned, the Matrimonial Case no.256 of 2020 already being pending in the Court of learned Principal Judge, Bhagalpur where the attempt for conciliation can be made in the same. Taking into consideration the facts of the case together with the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.427 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur. (Partha Sarthy, J) avinash/- U T