Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond and sureties and directed him to appear in the maintenance case and pay Rs 15,000 to the informant.
Summary
The petitioner, Kanhaiya Kumar, feared arrest in a Mahila Police Station case (No.67 of 2025) involving offences under sections 85, 82, 352, 3(5) of the BNS 2023 and sections 3 and 4 of the Dowry Prohibition Act. Mediation between the parties failed and the informant, Anshu Kumari, had also filed a maintenance suit in the Family Court, which the petitioner had not attended. The petitioner voluntarily agreed to pay Rs 15,000 towards maintenance and to appear before the Family Court within two weeks. The Court directed the petitioner to pay the amount, furnish account details, and appear in the maintenance case. Additionally, the Court granted the petitioner provisional anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties of the same amount, under Section 482(2) of the BNSS, pending any arrest or surrender within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending Mahila PS criminal case.
- Whether the petitioner should be directed to appear in the maintenance suit and pay a specified amount to the informant.
Legislation cited
- BNS, 2023 — s. 3(5), 352, 82, 85
- BNSS — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- maintenance
- dowry prohibition
- family court
- mediation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13282 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- MAHILA P.S. District- Lakhisarai
======================================================
Kanhaiya Kumar S/O Rampravesh Chaudhary @ Chuti Singh R/O Vill.-
Hemarpur, P.s.- Samho, Dist.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anshu Kumari W/O Kanhaiya Kumar, D/O Satish Kumar R/O Vill.-
Hemarpur, P.s.- Samho, Dist.- Begusarai. Presently R/O Parsawa, P.S.-
Ramgarh Chowk, Dist.- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 18-05-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case no 67 of 2025 punishable under sections
85, 82, 352, 3(5) of the BNS 2023 and under sections 3 & 4 of
the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that this
matter was referred for Mediation, but the dispute between the
parties could not be resolved. At this stage, learned counsel for
the petitioner submits because of petitioner’s low earning, the
opposite party no 2 has deliberately decided not to live with this
petitioner and further a maintenance case has also been filed
Patna High Court CR. MISC. No.13282 of 2026(4) dt.18-05-2026
2/3
before the Family Court for grant of maintenance.
4. On the other hand, learned counsel for the
informant submits that though a maintenance case has been filed
by the petitioner but the petitioner has chosen not to appear
before the Family Court in maintenance case, as such, the
petitioner may be directed to appear in the said maintenance
case and in this regard, some amount may also be directed to be
paid by this petitioner to the informant to pursue her remedy.
5. Under the submission of the informant, the
petitioner has voluntarily agreed to pay Rs. 15,000 towards
maintenance, which would not be clubbed with the maintenance
allowance, likely to be directed by the Family Court, in which
petitioner undertakes to appear, in the said maintenance case,
within two weeks from today. The informant is also directed to
furnish her account details to the learned counsel for the
petitioner, so that the amount of Rs. 15,000 could be transferred
by the petitioner to the informant within a period of two weeks
from today.
6. In view of the above, the petitioner is directed to
appear in the maintenance case and is also directed to pay Rs.
15,000/- to the informant to pursue her remedy in maintenance
case.
Patna High Court CR. MISC. No.13282 of 2026(4) dt.18-05-2026
3/3
7. Considering the submissions made by the learned
counsel for the parties, the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from
today be released on Provisional anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Lakhisarai Court where the case is
pending/successor court in connection with Mahila P.S. Case
No. 67 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Ajit Kumar, J)
sanjeev/-
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