Ashutosh Vibhakar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Ashutosh Vibhakar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: on arrest or surrender within four weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate 1 class, Vaishali at Hajipur, in Complaint Case No. 2258 of 2020, subject to the conditions under Section 438(2) of the Cr.P.C and to co-operation in investigation/trial.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in Complaint Case No. 2258 of 2020 (offences punishable under Sections 498A of the Indian Penal Code and seciton ¾ of the D.P.Act).

Court's answer

Taking into consideration that the petitioner is the husband, that he is abiding by the maintenance order passed by the family court, and that he is ready to abide by the undertaking given by him before the family court, the Court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of the petitioner's arrest or surrender within a period of four weeks, he shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate 1 class, Vaishali at Hajipur, in Complaint Case No. 2258 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

Key takeaways

It is expected that the petitioner would continue to pay the maintenance amount as agreed by him.obiter¶¶25

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), by oral order dated 25-04-2025 in C.R. Misc. No. 30197 of 2024, granted anticipatory bail to Ashutosh Vibhakar, husband of complainant Udita Lakshmi, who apprehended arrest in Complaint Case No. 2258 of 2020 (Thana Vaishali Complaint Case, District Vaishali) registered for offences punishable under Sections 498A of the Indian Penal Code and seciton ¾ of the D.P.Act, the complaint alleging demand of dowry and torture. Considering that the petitioner is the husband, is abiding by the family court maintenance order (Rs. 15,000/- payable to his daughter and the complainant) and is ready to abide by his undertaking before the Principal Judge, Family Court, Vaishali at Hajipur dated 22.11.2024, the Court directed that on arrest or surrender within four weeks he be released on bail of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1 class, Vaishali at Hajipur, subject to the conditions laid down under Section 438(2) of the Cr.P.C and to co-operation in investigation/trial; the petitioner was expected to continue paying the maintenance amount as agreed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30197 of 2024

Arising Out of PS. Case No.-2258 Year-2020 Thana- VAISALI COMPLAINT CASE District- Vaishali

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

Ashutosh Vibhakar Son of Late Santosh Prasad Singh Resident of Mohalla - Mahbub Khan Tola, Kali Mandir ke Pas, Aashram Road, P.S.- Khajanchi Hat, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar Bihar

Udita Lakshmi Daughter of Manoj Kumar Singh Resident of (Sasural) address - Mahbub Khan Tola, P.S.- Khajanchi Hat, District - Purnea, Present (Naihari) Address - Utari Sahi Colony, P.S.- Nagar Hajipur, District - Vaishali.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shivnandan Bharti,Adv For the Opposite Party/s : Mr.Madan Kumar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

10 25-04-2025

Heard learned counsel for the petitioner and the

State.

Petitioner apprehends his arrest in connection with Complaint Case No. 2258 of 2020 registered for the offences punishable under Sections 498A of the Indian Penal Code and seciton ¾ of the D.P.Act.

The petitioner is husband of the complainant. The allegation in the complaint is demand of dowry and torture.

At this stage, learned counsel for the petitioner submits that the maintenance amount of Rs. 15,000/- ordered in the maintenance case is to be given to the daughter of the

Patna High Court CR. MISC. No.30197 of 2024(10) dt.25-04-2025 2/3

petitioner as well as the complainant. It is now being complied with by the petitioner and the same would be evident from the 3^rd supplementary affidavit filed by the petitioner bringing on record his undertaking before the Principal Judge, Family court, Vaishali at Hajipur dated 22.11.2024.

The learned counsel for opposite party no. 2 however, still opposes the prayer for anticipatory bail on the ground that the wife had been tortured and ousted from the matrimonial house.

Taking into consideration the fact that the petitioner is husband and he is abiding by the maintenance order passed by the family court and is also ready to abide by undertaking given by him before the family court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1 class, Vaishali at Hajipur in Complaint Case No. 2258 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in

Patna High Court CR. MISC. No.30197 of 2024(10) dt.25-04-2025 3/3

investigation/ trial.

It is expected that the petitioner would continue to

pay the maintenance amount as agreed by him.

(Soni Shrivastava, J)

N.K/-

U T