Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a dowry harassment case (Nadi P.S. Case No. 239 of 2024) filed under Sections 85 and 3(5) of the B.N.S. The informant, Sunita Kumari, alleged that the petitioner tortured her for dowry and that he was maintaining an extramarital relationship, leading to the FIR. The petitioner contended that the parties had mutually agreed to separate on 21.02.2024 and executed a settlement agreement, signed by both, which was annexed to the petition. The court noted the existence of the agreement, the petitioner’s clean criminal record, and the lack of current residence of the informant, and therefore inclined to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, compliance with appearance requirements, non‑interference with witnesses, and abstention from further offences. The order also provided that the bail could be cancelled if the informant later disproves the agreement.
Issues considered
- Whether anticipatory bail should be granted in a dowry harassment case where a settlement agreement exists between the parties
- Whether the signed agreement negates the alleged offences under Sections 85 and 3(5) of the B.N.S.
- What conditions, if any, should be imposed on the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 3(5), 85
Subjects
- anticipatory bail
- dowry harassment
- settlement agreement
- criminal procedure
- bail conditions
- Section 85
- Section 3(5)
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66945 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Kundan Kumar S/O Sidhnath Malakar Resident of Village- Sabalpur, P.S.-
Nadi, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Kumari D/O Birwal Kumar R/O Vill.- Lalbag, P.S.- Kadirganj, Dist.-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the State : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 11-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Nadi P.S. Case No. 239 of 2024 registered for
the offence under Sections 85 and 3(5) of the B.N.S., lodged on
29.07.2024 by the informant, Sunita Kumari.
3. As per the prosecution story, the informant alleged
that she was married to the petitioner but was tortured for dowry
as the petitioner has affair with other lady. This led to the F.I.R..
4. Learned counsel for the petitioner submits that
though he wanted to continue to the relationship, with consent
they have chosen to separate their ways, came to an agreement
on 21.02.2024 itself by which the payments have been made
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both through cheque as also cash. The said agreement is part of
the petition as Annexure-P/2 in which the informant has also put
in her signature.
5. Earlier, the coordinate Bench had issued notice to
the informant but the record shows that she do not presently live
on the said place.
6. The allegation is there, the agreement signed by
both the parties is also part of the record and has been put on
affidavit, the petitioner do not have criminal antecedent, F.I.R. is
there, he shall be facing the music, in that background, this
Court is inclined to extend him the privilege of anticipatory bail.
7. However, if any times it come to the notice and/or
the informant brings it notice to the concerned court that no
such agreement was signed between the parties, she will have
the liberty to take appropriate steps for cancellation of the bail
bond.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-1st
Class, Patna City, in connection with Nadi P.S. Case No. 239 of
Patna High Court CR. MISC. No.66945 of 2025(5) dt.11-02-2026
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2024 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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