Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail, subject to the condition that the petitioner must relocate his wife and child within six months, failing which the bail may be cancelled.
Summary
Akash Kumar, a CISF personnel posted in Jharkhand, applied for anticipatory bail fearing arrest in a case registered under IPC Sections 341, 323, 498A and 34. He is currently residing with his wife (OP No.2) and child at his matrimonial home in Rohtas, while his posting is elsewhere and he lacks government accommodation. The petitioner assured the court that he would secure a family quarter or rent a house at his posting within three to four months and relocate his wife and child there. The wife did not dispute these facts but suggested the petitioner might be using them to avoid taking her to his posting. The court, after hearing counsel, granted anticipatory bail on the condition that the wife could move to cancel the bail if the petitioner fails to relocate her and the child within six months, invoking the inherent powers of the High Court under Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the BNSS in a case involving IPC Sections 341, 323, 498A and 34?
- Whether conditions imposing relocation of the petitioner’s wife and child within a stipulated period are permissible while granting anticipatory bail?
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 498A
Subjects
- anticipatory bail
- Section 482
- Indian Penal Code
- dowry harassment
- wrongful restraint
- voluntarily causing hurt
- family accommodation
- conditions on bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49207 of 2025
Arising Out of PS. Case No.-242 Year-2022 Thana- NASRIGANJ District- Rohtas
======================================================
Akash Kumar S/o- Sudarshan Singh Village- Paduri PO- Sohagi PS-
Nasariganj District-Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Munni Kumari W/o- Akash Kumar, D/o- Kamata Singh Village- Paduri Po-
Sohagi Ps- Nasriganj Dist- Rohtas A/P- Wardiha Po Ps- Nasariganj Dist-
Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
For the O.P. No. 2 : Mr. Prasoon Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 09-01-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the O.P. No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
498A and 34of the Indian Penal Code.
3. The petitioner and the O.P. No. 2, in compliance of
the order dated 05.12.2025, are present in the Court.
4. It is submitted that the case was earlier fixed for
12.12.2025, but on the said date, the Division Bench was
formed, as such, the case could not be taken up, but then
petitioner and the O.P. No. 2 were present in the Court on that
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date also.
5. The petitioner, who is present in the Court, submits
that he is staying with the O.P. No. 2 and the child.
6. The O.P. No. 2 does not dispute the said
submission of the petitioner, but then submits that petitioner is
posted at Jharkhand with the CISF and is not taking her along
with the child to Jharkhand rather she is staying at her
matrimonial home at Rohtas, on which the petitioner submits
that he does not have a government accommodation and has
applied for allotment of a family quarter and the moment the
quarter is allotted, he will take the O.P. No. 2 along with the
child to Jharkhand i.e. his present place of posting, the petitioner
also submits that if within 3-4 months, the government quarter
is not allotted, in that event he will take a room on rent at his
place of posting and he will take the O.P. No. 2 and the child
along with him.
7. The O.P. No. 2 also does not dispute the said
submission, but then submits that it might be a ploy of the
petitioner not to take her to his place of posting.
8. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender before the learned trial court within a period of six
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weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Nasriganj P.S. Case No. 242 of 2022 subject to
the conditions as laid down under Section 482 (2) of BNSS.
9. It is made clear that the O.P. No. 2 shall be at liberty
to file an application seeking cancellation of the anticipatory
bail granted to the petitioner in the event if petitioner does not
take her along with the child to his present place of posting
within a period of six months from today.
10. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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