Patna High Court
Tinku Kumar @ Sanjay BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bail bonds, sureties and a monthly maintenance condition.
Summary
The petitioner, Tinku Kumar (Sanjay Bharti), sought anticipatory bail fearing arrest in a dowry‑related assault case (Teghra PS Case No. 396 of 2024) filed under Sections 126(2), 115(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Domestic Violence Act. He claimed innocence and alleged false implication, while the State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the propriety of granting anticipatory bail under Section 438 of the CrPC. The Court allowed the anticipatory bail, directing the petitioner to furnish bail bonds and two sureties, and imposed a condition to pay monthly maintenance of Rs. 10,000 to the informant. The order also warned that non‑compliance could lead to cancellation of bail and that the maintenance direction is subject to any pending family‑court proceedings.
Issues considered
- Whether anticipatory bail under Section 438 CrPC can be granted in a case involving alleged dowry‑related assault under the Bharatiya Nyaya Sanhita and the Domestic Violence Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to restrain unnecessary arrests in this matter.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Domestic Violence Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Domestic Violence Act
- Section 438 CrPC
- Section 482 BNSS
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25841 of 2025
Arising Out of PS. Case No.-396 Year-2024 Thana- TEGHRHA District- Begusarai
======================================================
Tinku Kumar @ Sanjay Bharti Son of Devendra Singh Resident of Mohalla-
Barauni 03 Ward No 4 PS -Teghra, Dist- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jhoona kumari @ Jhoona Devi wife of Tinku Kumar @ Sanjay Bharti
village- Kaji Rasalpur Ward no. 01, Ps- Teghra, Dist- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritesh Kumar
For the Opposite Party/s : Mr. Pranav Kumar
For the O.P. No. 2 : Mr. Vinod Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Teghra P.S. Case No. 396 of 2024 registered for the offence
under Sections 126(2), 115(2), 85 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section ¾ of the DP Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the petitioner is
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the husband of the informant.
5. Learned APP for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application for grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on anticipatory 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 Principal
Sessions Judge, Begusarai/concerned Court below in connection
with Teghra P.S. Case No. 396 of 2024 subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 10,000/- from the
month of February 2026 to the
complainant/informant. The maintenance for the
month of February 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
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every month before the 10th day of each month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Begusarai through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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