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Patna High Court

Kundeshwar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Kundeshwar Jha, was accused in a complaint case for offences under Sections 323, 504, 506, 406 and 498A of the IPC, alleged to involve assault and dowry demand. He applied for anticipatory bail, claiming innocence and false implication. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, considered the application under Section 438(2) of the CrPC and Section 482 of the BNSS. The court granted anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and imposing a monthly maintenance payment of Rs.10,000 to the informant. The maintenance order is subject to any future maintenance proceedings. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC
  • Whether the conditions imposed, including bail bond and maintenance, are appropriate
  • Applicability of the principles laid down in Arnesh Kumar v. State of Bihar

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Section 438 CrPC
  • Section 482 CrPC
  • maintenance order
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56035 of 2025
                  Arising Out of PS. Case No.-289 Year-2024 Thana- COMPLAINT CASE - NAUGACHIA
                                                    District- Bhagalpur
                 ======================================================
                 Kundeshwar Jha S/o Chadra Mauleshshwar jha Resident of village -
                 Bharamarpur, P.S- Bhawanipur, District- Bhagalpur

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Preeti Devi @ Annu D/o Sanjay Kumar Jha R/o vill - Chakrami, P.s. -
                 Bhawanipur, Distt.- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The     petitioner   apprehends      his    arrest     in

                   connection with Complaint Case No. 289 of 2024                     for the

                   offences under Sections 323, 504, 506, 406, 498A of I.P.C.

                                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.

                                5. Learned counsel for the State has opposed the
Patna High Court CR. MISC. No.56035 of 2025(5) dt.20-02-2026
                                            2/3




          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 Judicial

          Magistrate 1st Class, Naugachhia/ concerned Court below in

          connection with Complaint Case No. 289 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. 10,000/- 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 25.02.2026 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.
              Patna High Court CR. MISC. No.56035 of 2025(5) dt.20-02-2026
                                                          3/3




                                     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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