Vikash Kumar Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26430 of 2024

Arising Out of PS. Case No.-902 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

====================================================== Vikash Kumar S/O Ramanand Rai R/O Village- Baniya, P.S- Saraiya, Distt.Muzaffarpur. ... ... Petitioner/s

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Versus

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The State Of Bihar

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Reeta Kumari W/O Vikash Kumar, D/O Ramkishore Rai R/O villageBaniya, P.O- Chakaramdas, P.S- Saraiya, Distt.- Muzaffarpur, Presently resides at village- Pokharira, Dakshini tola, P.S- Sariaya, Jaitpur O.P, District- Muzaffarpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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8 04-04-2025

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In compliance of the earlier order dated 18.03.2025,

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both the parties along with their respective lawyers are present in Chamber proceeding.

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Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.

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The petitioner is apprehending his arrest in connection with Muzaffarpur Complaint Case No. 902 of 2022 for the offence under Sections 498A of the I.P.C. and Section 4 of the Dowry Prohibition Act.

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It is a case of matrimonial dispute between both the parties. In which there is allegation on the petitioner of abusing and assaulting the complainant for demand of dowry.

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Patna High Court CR. MISC. No.26430 of 2024(8) dt.04-04-2025 2/3

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Learned counsel for the petitioner submits that the petitioner is innocent and he has committed no offence. No such occurrence took place as alleged in the complaint. A stereotype allegation of demand and torture was made by the complainant at the instance of her parents. The petitioner is the husband of the complainant and neither she was assaulted nor tortured for demand of dowry by the parents of the petitioner. The complainant did not want to live with the petitioner and deserted him and left her matrimonial house with all her belongings. Learned counsel further submits that petitioner also tried to save his marriage, by filing a Matrimonial Case No. 394 of 2022 in the Court of Principal Judge, Family Court, Muzaffarpur under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

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During the course of argument, learned counsel for the petitioner submits that petitioner is ready to pay Rs. 2,500/(Two Thousand Five Hundred) per month for her maintenance and he is also ready to file an affidavit regarding the payment of aforesaid amount in the Trial Court/Court below to show his bona fide conduct.

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Keeping in view the aforesaid facts, and considering the submissions made by learned counsel for the

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Patna High Court CR. MISC. No.26430 of 2024(8) dt.04-04-2025 3/3

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petitioner, this Court is inclined to enlarge the petitioner on privilege of anticipatory bail.

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The above amount of maintenance will be adjusted in any future order regarding maintenance passed by any competent Court. Petitioner will pay the aforesaid maintenance amount in advance for two months in the bank account of the O.P. No. 2 at the time of furnishing the bail bond and the details of bank account will be furnished by the informant as soon as possible.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Muzaffarpur Complaint Case No. 902 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Accordingly, the instant application stands disposed of.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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U T

Vikash Kumar v. the State of Bihar

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Vikash Kumar v. the State of Bihar

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