Patna High Court
Kundeshwar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 323, 406, 498, 504, 506
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
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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
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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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