Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted subject to a Rs. 10,000 bail bond, two sureties, and a condition that the petitioner deposit Rs. 3,000 per month in the sister's bank account.
Summary
Ankit Kumar applied for anticipatory bail in a criminal case (PS Case No. 937 of 2024) alleging offences under Sections 85, 64, 238 and 80 of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that he and others demanded a motorcycle as dowry for his sister's marriage, tortured her when the demand was not met, and made false allegations related to a prior rape. The petitioner denied any wrongdoing and offered to pay Rs. 3,000 per month to his sister (Opposite Party No. 3) to prevent family hardship, an offer accepted by her counsel. The Court, noting the acceptance and the need to maintain family harmony, granted anticipatory bail with a bond of Rs. 10,000, two sureties, and the condition of monthly payment to the sister. The order directs that the bail be effected if the petitioner is arrested within six weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 provisions alleged in the FIR.
- Whether imposing a condition of monthly payment to the sister is a valid condition for anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 64, 80, 85
Subjects
- anticipatory bail
- dowry harassment
- family dispute
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22070 of 2025
Arising Out of PS. Case No.-937 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ankit Kumar Son of Rajendra Singh Resident of Mohalla - Nahar Fall Takiya,
P.S. - Sasaram (Town), District - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Golden Kumar Son of Rama Kant Raut Resident of Village - Chandravan
Patti, P.S. - Kargahar, District - Rohtas
3. Rinku Kumari Daughter of Rama Kant Raut Resident of Village -
Chandravan Patti, P.S. - Kargahar, District - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the O.P. Nos. 2 & 3 : Mr. Raghunandan Kumar Singh, Advocate
Ms. Riya Singh, Advocate
Mr. Narendra Kumar, Advocate
Mr. Harendra Kumar Singh, Advocate
For the State : Mr. Rana Randhir Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 11-02-2026 Heard learned Counsel for the petitioner, learned
Counsel for the Opposite Party Nos. 2 & 3 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Sasaram (Town) P.S. Case No. 937 of 2024, registered for
the offences punishable under Sections 85, 64, 238 and 80 of
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case as per the First Information
Report, the Opposite Party No. 2 alleged that he married his
sister to the petitioner on 21.05.2021. Thereafter, the accused
persons named in the FIR including the petitioner, started
Patna High Court CR. MISC. No.22070 of 2025(5) dt.11-02-2026
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demanding a motorcycle as a dowry and due to non-fulfillment
of their demand, they tortured her. In the meantime, she was
blessed with a son and a daughter, but after five months, her son
died. It is further alleged that earlier her brother-in-law, namely,
Suraj Kumar, had committed rape with his sister and when she
became pregnant, her in-laws made false allegations against her.
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. 3 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 Opposite Party No. 3
accepts the offer so made by learned Counsel for the petitioner
as Opposite Party No. 3 is on the verge of starvation and
submits that the petitioner may be directed to deposit the said
amount of Rs. 3,000/- per month in the bank account of the
Opposite Party No. 3, details of which shall be furnished by
learned Counsel for the Opposite Party No. 3 to learned Counsel
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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. 3,
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, Sasaram, Rohtas, in connection with Sasaram
(Town) P.S. Case No. 937 of 2024.
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. 3, staring from 01st March, 2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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