Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and maintenance conditions.
Summary
Munna Kumar applied for anticipatory bail fearing arrest in a dowry‑related assault case (Case No. 782 of 2024) where he is charged under several sections of the Bihar Narcotic Substances Act and Section ¾ of the Dowry Prohibition Act. The prosecution alleges he assaulted and tortured the victim to demand dowry. The petitioner contended his innocence and sought relief, while the State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the necessity of a proportional bail order under Section 438 of the CrPC and Section 482 of the BNSS. The Court granted anticipatory bail, imposing a Rs.10,000 bond with two sureties and ordering the petitioner to pay monthly maintenance to the informant, subject to any future maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in light of the allegations under the Dowry Prohibition Act and BNSS.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
Legislation cited
- Bihar Narcotic Substances Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- assault
- Section 438 CrPC
- Section 482 BNSS
- maintenance order
- Arnesh Kumar guidelines
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41147 of 2025
Arising Out of PS. Case No.-782 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Munna Kumar S/o Ram Briksh Rai R/o village -Daultpur, P.S - Hajipur Sadar,
District-Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rupa Kumari W/o Munna Kumar R/o Village- Daulatpur, P.S.- Sadar
Hajipur, Distt.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Pandey, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Hajipur Sadar Case No. 782 of 2024 for the
offences under Sections 126(2), 127(2), 115(2), 118(1), 109, 85,
351(2), 352, 3(5) of B.N.S. and under Section ¾ of the Dowry
Prohibition Act.
3. As per the prosecution case, the petitioner is
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
Patna High Court CR. MISC. No.41147 of 2025(5) dt.23-02-2026
2/3
implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering the submission of the parties and in
view 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 of 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 six
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court of Chief
Judicial Magistrate- 1st, Vaishali at Hajipur/concerned Court
below in connection with Hajipur Sadar P.S. Case No. 782 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 8,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
Patna High Court CR. MISC. No.41147 of 2025(5) dt.23-02-2026
3/3
before 28.02.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
month before the 10th day of the month.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…