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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                          3/3




                        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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