Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond, two sureties and the continuation of the Rs 3,000 monthly maintenance payment.
Summary
The petitioner, Rajesh Kumar, sought anticipatory bail fearing arrest in a case registered under IPC sections 323, 504, 34 and 498‑A relating to alleged assault and dowry harassment of his wife, Soni Kumari. The prosecution alleged that after a marriage on 20‑03‑2024, the petitioner took the informant to Delhi, later left her at Buxar railway station and, together with his family, assaulted her, withheld her money and jewellery and denied her entry into their home. The petitioner denied any specific offence, claiming the allegations were vague and that he had been falsely implicated, while also pointing out that he was already paying a monthly maintenance of Rs 3,000 as ordered on 21‑01‑2026. The informant’s counsel acknowledged receipt of the maintenance payments. Considering the nature of the allegations and the existing maintenance arrangement, the Court exercised its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail, subject to a bond of Rs 10,000 with two sureties and the continuation of the maintenance payment. The order also stipulated that the bail would be effective if the petitioner is arrested or surrenders within six weeks of the order.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under IPC sections 323, 504, 34 and 498‑A.
- Whether the petitioner’s existing maintenance payment and the nature of the allegations justify the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323, 34, 498-A, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- domestic violence
- maintenance
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57335 of 2025
Arising Out of PS. Case No.-51 Year-2024 Thana- MAHILA PS District- Buxar
======================================================
Rajesh Kumar S/o- Late Vindyachal Rajbhar @ Vidhyachal Rajbhar Resident
of Village- Sauri, P.S- Rajpur, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari D/o- Basant Rajbhar Village- Souri Po- Dihri Ps- Rajpur Dist-
Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kumar Ojha
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 11-05-2026 1. Heard learned counsel for the petitioner and learned
counsel for the informant - Opposite Party No. 2 .
2. The petitioner apprehends his arrest in connection
with Buxar Mahila P.S. Case No. 51 / 2024 dated 02.08.2024
registered for the offence punishable under Section 323, 504,
34, 498-A of the I.P.C.
3. The prosecution case as per the F.I.R. is that the
marriage of the informant was solemnized with the petitioner at
Chaura Gola Durga Mandir on 20.03.2024. After ten day of
marriage i.e. on 30.03.2024 the petitioner took her to Delhi and
they lived there for two months. Thereafter, one day the
petitioner’s mother called and told him to come home. On
Patna High Court CR. MISC. No.57335 of 2025(5) dt.11-05-2026
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27.05.2024 the petitioner brought the informant to Buxar and
left her at Buxar Railway Station. Now the petitioner and his
family members assaulted her and did not allow her to enter in
their house. They kept all of her money and jewelries and
denied to keep her.
4. Learned counsel for the petitioner submits that
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. He further
submits that there is no specific allegation against the petitioner
regarding torturing the informant rather the allegation is general
and omnibus in nature. He further submits that pursuant to the
order dated 21.01.2026 the petitioner is regularly paying a sum
of Rs. 3,000/- per month as maintenance in favour of the
informant-opposite party no. 2 and shall keep on paying the
same subject to the final outcome of the present case as well as
matrimonial case, if any, pending and / or decided between the
parties.
5. Learned counsel for the informant / opposite party
no. 2 fairly accepts that the petitioner has been paying a sum of
Rs. 3,000/- in the account of the opposite party no. 2 as living
cost.
6. Regard being had to the submission advanced by
Patna High Court CR. MISC. No.57335 of 2025(5) dt.11-05-2026
3/3
the parties and taking into consideration the nature of allegation,
I am inclined to grant privilege of anticipatory bail to the
petitioner subject to the condition that the petitioner shall keep
on paying Rs. 3,000/- per month as maintenance in favour of the
opposite party no. 2 in terms of the order dated 21.01.2026.
7. Let the petitioner, above named, in the event of his
arrest / surrender before the learned court below within a period
of six weeks from today be released on anticipatory bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M., Buxar in connection with Buxar Mahila P.S. Case No.
51 / 2024 subject to the condition as laid down under Section
482(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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