Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and payment conditions as per Section 438 CrPC and Section 482(2) BNSS, 2023.

Summary

The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a matrimonial dispute case involving offences under the IPC and the Dowry Prohibition Act. Both spouses had agreed to live separately, and the petitioner offered to pay Rs. 1,00,000 to the wife as settlement. The court considered the petition under Section 438 of the CrPC and Section 482(2) of the Bihar Negotiable Settlement Scheme, 2023. It granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties and pay Rs. 50,000 at the time of bond and the remaining Rs. 50,000 to the victim upon case withdrawal. The order also stipulated that the bail be released if the petitioner is arrested or surrenders within eight weeks of the hearing.

Issues considered

Whether anticipatory bail should be granted under Section 438 CrPC in a matrimonial dispute involving multiple IPC offences.
Whether the conditions imposed under the Bihar Negotiable Settlement Scheme, 2023 (Section 482(2)) are appropriate.
Whether the settlement payment proposed by the petitioner can be linked to the grant of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Dowry Prohibition Act — s. 4
Indian Penal Code — s. 147, 307, 323, 379, 406, 498A

Subjects

anticipatory bail
matrimonial dispute
settlement
IPC offences
Dowry Prohibition Act
Section 438 CrPC
Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46940 of 2025
                    Arising Out of PS. Case No.-75 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Kundan Kumar Son of Jugal Paswan Village- Korjana, Ps- Cheriabariyapur,
                 Dist- Begusarai                                       ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Raj Kumari Wife of Kundan Kumar Village- Korjana, Ps- Cheriabariyapur,
                  Dist- Begusarai At P/A- Daughter of Ramsakha Paswan, Village- Shahpur
                  Ward no. 4, Ps- Chhaurahi, Dist- Begusarai
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Randhir Kumar No 1
                 For the Opposite Party/s :    Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                    Heard learned counsel for the petitioner as well as

                   learned APP for the State and the learned counsel for O.P. No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 75c of 2024, for the offences

                   punishable under Sections 147, 323, 307, 498A, 406, 379 of the

                   Indian Penal Code and 4 of the Dowry Prohibition Act.

                                3. It is a case of matrimonial dispute.

                                4. As jointly submitted, the relationship between the

                   husband and wife has become irretrievable. Both the parties

                   have agreed to live separately and the petitioner is ready to

                   make payment of Rs. 1,00,000/- (one lakh) to Opposite Party

                   No. 2.

                                5. Considering the above-mentioned facts and
           Patna High Court CR. MISC. No.46940 of 2025(5) dt.11-02-2026
                                                       2/2




                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within eight weeks before the learned court below, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned ACJM, Manjhaul,

                     Begusarai/concerned court in connection Complaint Case No.

                     75c of 2024, subject to the conditions as laid down under

                     Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

                                  6. The petitioner is directed to make payment of Rs.

                     50,000/- by way of demand draft at the time of furnishing the bail

                     bond and the remaining Rs. 50,000/- shall be paid by the

                     petitioner to the victim by way of demand draft at the time of

                     withdrawal of the case.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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