Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bond, sureties and a maintenance condition.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a dowry‑related case (PS 264/2024) where he is accused of assault and torture for dowry demand under several sections of the Bihar Negotiable Securities Act and the Dowry Prohibition Act. He pleaded innocence, claiming 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 whether the arrest was necessary and whether anticipatory bail under Section 438 of the CrPC was appropriate. The Court granted anticipatory bail, directing a bail bond of Rs 10,000 with two sureties and imposing a maintenance payment of Rs 8,000 per month to the informant, subject to Section 438(2) CrPC and Section 482 of the BNSS. The order is conditional on any future maintenance proceedings and is to be executed by the Chief Judicial Magistrate, Vaishali, Hajipur.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged dowry‑related offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 312, 3(5), 351(1), 84
- Dowry Prohibition Act — s. 3
Subjects
- anticipatory bail
- dowry prohibition
- Section 438 CrPC
- maintenance order
- Arnesh Kumar principle
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50221 of 2025
Arising Out of PS. Case No.-264 Year-2024 Thana- TAJPUR District- Samastipur
======================================================
Kundan Kumar S/o Upendra Rai R/o Village- Rajwara, Ward No. 6, P.O.-
Chakpahar- 848122, P.S.- Tajpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Guria Kumari D/o Dinesh Rai R/o Village- Tara Dhamkaun, P.S.- Patori,
District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Sinha, Advocate
For the Opposite Party/s : Mr.Arun Kumar 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 Tajpur P.S. Case No. 264 of 2024 for the
offences under Sections 126(2)/ 115(2)/ 84/ 312/ 351(1)/ 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
implicated in this case.
Patna High Court CR. MISC. No.50221 of 2025(5) dt.23-02-2026
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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
before 28.02.2026 and thereafter the maintenance amount from
Patna High Court CR. MISC. No.50221 of 2025(5) dt.23-02-2026
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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
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