Patna High CourtCR. MISC./85564/2025bail granted

Vikash Kumar v. The State Of Bihar

2026-04-21Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85564 of 2025 Arising Out of PS. Case No.-1242 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Vikash Kumar S/o Lal Babu Paswan R/o Village - Sadha Damwa Ojha Tola, Ward No. 14, P.S - Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Kiran Kumari W/o Vikash Kumar D/o Amarjeet Paswan, R/o Village - Sadha Damwa Ojha Tola, Ward No. 14, P.S - Motipur, District - Muzaffarpur, Present Address / Nahiyar Address - R/o Village - Bhatauliya, P.S - Goraul, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas For the OP-2 :

Mr. Hemand Ray For the State :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2026

1. Heard learned counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1242 of 2021, registered for the offences punishable under Section 498(A)/379/323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The allegation, as per the complaint case, is that the complainant was married to the petitioner on 24.10.2018 and at the time of marriage her parents gave gold and

2/4 silver ornaments and clothes as gifts. After some time of marriage, the petitioner including the accused persons started harassing the complainant for demand of a motorcycle and Rs. 50,000/- in cash as dowry. Due to non-fulfillment of demand, the complainant was was subjected to harassment mentally and physically. On 12.07.2021, the complainant was ousted from her matrimonial home after keeping her one year old son.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

5. Learned counsel for the complainant-Opposite Party No. 2 submits that the complainant is at verge of starvation having no source of income accepts the offer so made by learned counsel for the petitioner and submits that the

3/4 petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 1242 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 11th May, 2026.

(Anil Kumar Sinha, J) ashwani/- U T