Vikash Kumar @ Sovindra Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

Vikash Kumar @ Sovindra Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be enlarged on bail, in the event of arrest or surrender within eight weeks, on a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Nawada in Complaint Case No. 1291 of 2022, subject to section 438(2) CrPC conditions and four further conditions: (i) opposite party no.2 to disclose her saving bank account number by affidavit; (ii) monthly deposit of Rs. 3,000/- maintenance therein by the petitioner, starting from the current month; (iii) default for two consecutive months entitles the court below to cancel the bail-bond; (iv) payments subject to orders in matrimonial/maintenance/connected proceedings, without precluding resolution of the dispute otherwise.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 1291 of 2022 (offence under sections 498A/323 IPC), is entitled to be enlarged on bail in the event of arrest or surrender. +1 more

Court's answer

In the event of arrest or surrender within a period of eight weeks from the date of the order, the petitioner is to be enlarged on bail on furnishing a bail bond.

Ratio / Principle

Bail is on a bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class, Nawada, in Complaint Case No. 1291 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure and the further conditions enumerated in the order.

Key takeaways

The petitioner is directed to pay maintenance of Rs. 3,000/- per month to opposite party no. 2, commencing from the current month.ratio¶18
Condition (i): opposite party no. 2 is to file an affidavit before the court below bringing on record her saving bank account number, for communication to the petitioner.ratio¶22
Condition (ii): the petitioner is to deposit the maintenance amount per month in the saving bank account of opposite party no. 2.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J; order dt. 03-01-2025) — Criminal Miscellaneous No. 17067 of 2024 arising out of PS Case No. 1291/2022 (complaint case), P.S. Nawadah, District Nawada, offence under sections 498A/323 IPC. Petitioner-husband, apprehending arrest, granted bail: enlargement permitted upon arrest or surrender within eight weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Nawada in Complaint Case No. 1291 of 2022, subject to section 438(2) CrPC. Grant follows breakdown of the mediated settlement (mediator's report dated 29.11.2024), the petitioner having allegedly violated its condition. Bail is expressly conditioned on payment of maintenance of Rs. 3,000/- per month to opposite party no. 2 (wife) starting from the current month: she is to disclose her saving bank account number by affidavit; the petitioner is to deposit the sum monthly therein; failure for two consecutive months entitles the court below to cancel the bail-bond; payments are subject to any order in matrimonial, maintenance or connected proceedings, and the order does not preclude the parties resolving the dispute otherwise.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17067 of 2024

Arising Out of PS. Case No.-1291 Year-2022 Thana- NAWADAH COMPLAINT CASE

District- Nawada

====================================================== Vikash Kumar @ Sovindra S/O Late Umesh Prasad Resident Of VillageSufalbigha, P.S. Mufassil, District- Nawada ... Petitioner Versus

The State Of Bihar

Priti Kumari W/O Vikash Kumar @ Sovindra, D/O Kapildev Prasad Resident Of Village- Sufalbigha, P.S. Mufassil, District- Nawada. At Present Resident Of Village- Dedaur, P.S- Mufassil, Distt.- Nawada.

... ... Opposite Parties

======================================================

Appearance :

For the Petitioner : Mr.Manmohan Kumar, Advocate For the Opposite Parties : Mr.Pradeep Narain Kumar, A.P.P. Mr. Amit Ranjan, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

4 03-01-2025

Heard learned counsel for the petitioner, the State and opposite party no.2.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 498A/323 of the Indian Penal Code.

Learned counsel for opposite party no.2 submits that though the settlement had been arrived at between the parties vide mediator’s report dated 29.11.2024, but petitioner has violated the condition of settlement and refused to take opposite party no.2 to his house. Thus, in spite of efforts, dispute between the parties could not be resolved through process of mediation.

Considering the mediator’s report as well as the present development, let the petitioner pay maintenance amount of Rs. 3000/-per month, starting from this month to the opposite party no.2 and that being so, in the event of arrest/surrender within a period of eight weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17067 of 2024(4) dt.03-01-2025

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10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1^st class, Nawada in Complaint Case No. 1291 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

(i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J)

Shashi U T