Vikash Kumar @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47698 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur ====================================================== Vikash Kumar @ Vikas Kumar S/O Chandrashekhar Azad @ Chandrashekhar Singh Resident of Village- Dighwara, Post Office- Dighwara, Police StationDighwara, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nisha Kumari W/O Vikash Kumar, D/O Arjun Singh Resident of VillageDighwara, Post Office- Dighwara, Police Station- Dighwara, District- Saran at Chapra at present resident of village- Gidha, P.O- Gidha, P.S- Koilwar ( Gidha OP), District- Bhojpur at Ara.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Adv.

For the informant : Mr. Gyan Abhinav, Adv. Mr. Atul Anand, Adv.

Mr. Krishna Priya, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 45(C)/2024 dated 08.01.2024 registered for the offence punishable u/s 498A of the Indian Penal Code and Sections 3/4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

2/4 mentally and physically due to non-fulfillment of demand of dowry. The informant's pregnancy was also aborted by the accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant. Learned counsel has further submitted that no any document has been filed on behalf of the informant regarding the termination of pregnancy. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate.

Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023.

3/4 criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur (Ara) in connection with Complaint Case No. 45(C)/2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of

4/4 reconciliation or one time settlement.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T